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  • Massachusetts, job replacement, contractors

    Hello,
    Three engineers and one engineering specialist worked for an Aerospace company Ma for about 24 years. Over the past few weeks contractors were
    brought in to help assist in our work, and then eventually we were all laid
    off in January. Does this violate any labor laws?

    Thanks

  • #2
    A couple of questions:

    How old are the 3 engineers who were laid off?
    How old are the replacements?
    Are the replacements doing the same jobs?
    Are the replacements now employees or still independent contractors?
    Are they paid at the same rate (how much?)?
    Were the 3 engineers offered an opporunity to continue employment at the new rate (what was the old rate?)?
    Were there any other reasons for terminating the 3 engineers?
    This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

    This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

    Comment


    • #3
      reply

      couple of questions:

      How old are the 3 engineers who were laid off?
      How old are the replacements?
      Are the replacements doing the same jobs?
      Are the replacements now employees or still independent contractors?
      Are they paid at the same rate (how much?)?
      Were the 3 engineers offered an opporunity to continue employment at the new rate (what was the old rate?)?
      Were there any other reasons for terminating the 3 engineers?
      __________________
      3 engineers are 45, 50, and 46
      the replacements are apporx 28 to 50.
      The replacements are doing the same job.
      The replacements are independent contractors.
      They are paid contractor rates $60 to 100 an hour.
      No offer of employment was made to us.
      My guess is that the budgets were under review at the time and a decision was made to let the employees go and keep the contractors.

      Comment


      • #4
        There is no law prohibiting employers from firing employees and outsourcing their work. Budget cuts are an ordinary part of business. But, I thought the scenario might involve a possible claim for age discrimination. Unfrotunately, the question you pose, though, doesn't seem to have much of a chance, because the replacements are over 40, too.

        If it concerns you, you should seek the advice of counsel, preferably one with a background in discrimination claims.

        Best of luck,
        Phil
        This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

        This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

        Comment

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