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Thread: Illegal layoff? Florida

  1. #1
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    Question Illegal layoff? Florida

    An entire department was laid off in a public institution, to "reinvent" itself, and hire NEW professionals to replace exact same number of former professionals that were laid off.
    Is this an illegal layoff?

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    No, not unless there was a binding employment contract or CBA to the contrary. (prohibiting this)

    Or unless the whole dept. was laid off due to a reason prohibited by law - example - religion, gender, age (40 & over Fl. & federal law), race, etc. However, I doubt the whole dept. was of the same religion, gender, age 40 & over, or race, etc. anyway. (& even if they were all of the same gender for one example, you would have to prove that gender was the reason for the lay off)
    Last edited by Betty3; 01-14-2014 at 09:05 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    Default They do have individual contracts

    They each do have individual contracts, not sure if they are "binding employment" contracts though. If that were the case, would that violate contract law, labor law, or both?
    (btw, thank you for speedy answer!)

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    If they have contracts, they would need to read them or better yet have an employment or contract attorney read them to see if there is anything written in the contracts that was violated.

    Sometimes though what employees believe are contracts really aren't - for example it might be an offer letter which generally would not rise to the level of a binding employment contract.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Ditto. Unfortunately, it is not illegal nor unheard of to have a complete change of department. If there are actual contracts in place, it is going to depend upon the wording of each one. It would be a contract law issue, not employment law. If there is a union then there might be some additional considerations but you will need to talk to your union. The union can not stop the change from happening but there may be other relevant clauses such as reassignment or preferential hiring.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    Most employment contracts have termination clauses (which usually state things like "if we lay you off we will give you $X"). If the contracts' termination clauses were followed, then there are no legal issues.

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    Default Just found out

    that he hired his wife for same dept. after employees were laid off in dept.


    Does that change the dynamics?

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    No. It's not illegal to hire relatives even after others have been laid off.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  9. #9
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    Default News

    The hiring of his wife is currently being investigated...

  10. #10
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    It might not be the preference or within the rules of the organization but it is not illegal.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

  11. #11
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    I don't know what they will decide to do after the investigation but it still wasn't illegal no matter what they do.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  12. #12
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    Might be a violation of company policy. Isn't a violation of law.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  13. #13
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    Agree, no actual law against it.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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