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Any laws about layoffs? South Carolina

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  • cbg
    replied
    For an employer that size, neither FMLA nor the ADA applies. Therefore, no laws were violated by letting you go or by hiring the other person.

    Leave a comment:


  • southernbreeze
    replied
    Thanks for Your Help

    I appreciate your replies to my questions about this situation.

    As of yesterday the position was filled by the person I mentioned earlier.

    Leave a comment:


  • ElleMD
    replied
    Well your employer is way too small to have to offer you leave for your medical condition. It would not be illegal to let you go for needing the time off.


    Since all you have is 3rd or 4th hand information that your employer might at some point hire someone who might do what you used to do, you have nothing. Even if some months down the line they backfill the position, you are not automatically entitled to be offered it.

    Leave a comment:


  • southernbreeze
    replied
    Re:Any laws about layoffs? South Carolina

    To answer your questions:

    <Also, has he actually filled your position? Not just have you heard rumors that he might, but has it actually been either advertised or filled?>

    As of earlier this week I was told by a former co-worker he was talking to someone about filling the position I previously held. Whether that is still moving forward...I don't know. I have found no place where that specific position has been advertised, however he had applications, previously submitted, to pull from. The person he's been talking to is someone I spoke to a year ago about another position we had available at the time.

    <Before we go any further; you indicated that you are the only full time employee. That suggests a small company. Whether or not either FMLA or the ADA applies depends on the number of employees.>

    At the time I was employed there we had 5 employees. 2 salespeople, myself, 1 employee who worked approx 30 hours a week and 1 part-timer.

    Leave a comment:


  • ElleMD
    replied
    Also, has he actually filled your position? Not just have you heard rumors that he might, but has it actually been either advertised or filled?

    Leave a comment:


  • cbg
    replied
    Before we go any further; you indicated that you are the only full time employee. That suggests a small company. Whether or not either FMLA or the ADA applies depends on the number of employees.

    So before we go off on any unnecessary issues, how many employees does the employer have?

    (The ADA does not apply to temporary conditions.)

    Leave a comment:


  • southernbreeze
    replied
    Re:Any laws about layoffs? South Carolina

    Thanks for the replies.

    I'm not sure what you would need to know as far as FMLA is concerned.

    To answer your question:I was out for 10 working days for the out-patient surgery and recovery. We had our "discussion" about the possibility of a 2nd surgery on a Thursday. I told him then I would know more after my Dr.'s appointment on Monday and he laid me off, the next day, Friday.

    I was told I was being laid off due to the need to downsize because of financial difficulties, however after I left he told my former co-workers I was on "medical leave". To me this implies I'm coming back......not looking for another job and collecting unemployment as I am now. They were a bit shocked when I passed on the reason he gave me.

    I've had friends in the community call me to say he's also been out telling them he "had" to let me go as well as that I was on medical leave.

    I don't know if he's lying...who he's lying to or if he's trying to save face about his financial situation by giving these other reasons...bottom line: after 6 years as his right hand I am out of a job.

    Thanks again for your quick replies!

    Leave a comment:


  • cbg
    replied
    That depends; how long was he out for the outpatient surgery?

    I will admit that I wasn't thinking in that direction, but I don't think we have enough info to know if FMLA applies - or even if the employer is subject to it.

    Leave a comment:


  • Beth3
    replied
    I think there may be an FMLA angle here to consider, cbg. If the leave time falls under the FMLA (and that seems likely) and the OP was selected for layoff because of having taken/may be taking FMLA, then that is prohibited. Southernbreeze, if you feel that is the case, then you may contact the federal Department of Labor and file a complaint.

    Leave a comment:


  • cbg
    replied
    No, there are not. Unless you have a bona fide contract or CBA that specifically guarantees you rehire rights, he is free to offer the position to someone else.

    Additionally, a temporary period of incapacity would not be protected under the ADA, if that is what you're thinking.

    Leave a comment:


  • southernbreeze
    started a topic Any laws about layoffs? South Carolina

    Any laws about layoffs? South Carolina

    I was laid off from my job about a month ago after 6 1/2 years. The reason I was given was "downsizing". They could not afford to keep me on. They did not offer me any other options (ie: less hours, less pay).

    This happened a month after I had outpatient knee surgery and a day after a conversation with my former boss discussing whether I would need to have a 2nd surgery. At this time I offered to work part-time from home for half pay or take a month off with no pay... ( should another surgery be required. It wasn't)

    The next day I was told they had to cut back and needed to "downsize". I was the only full-time employee and the only person that was laid off. I found the timing pretty obvious but didn't feel I could prove anything reason other than what I was told.

    I have recently heard through the grapevine that my boss is talking to someone about filling the position I was laid off from.....are there any laws preventing him from doing that without first offering me my job back in some way shape or form?

    Thanks for your help!
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