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long term layoffs salary non exempt Michigan

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  • long term layoffs salary non exempt Michigan

    we have been told for the last few years that all layoffs will be based on time in company, they even did a cut about 3 years ago that was senority based, now when i went into work yesterday i have a email that says they are going to do layoffs based on performance. basicly they changed it when times are getting a little tough so that they can hand pick who they want to keep,, i was wondering if it was legal to change it. I was also wondering if the WARN act applys to salary employees...thanks in advance

  • #2
    Whether salaried employees are included does not make a difference as to whether the WARN Act applies or not. How many employees will be affected? Is the entire worksite shutting down?

    Unless you have a bona fide employment contract or a CBA requiring that seniority ONLY be used when layoffs are contemplated, the employer can use whatever criteria they like, as long as such criteria is not based on a protected characteristic, such as race, age, gender, etc.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      no the whole plant is not shutting down, we are a automotive supplier so we are expecting some mass layoffs here before to long, they have cut tons of hourly all based on senority, and only a few salary based on senority and now it all changes just a few weeks later.. doesn't seem right

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      • #4
        Which begs the question of just what relationship what is "right" has with the actual law. To quote some famous dead white guy, "The law in its majesty makes no distinction between rich and poor; both are forbidden to sleep under the bridges of Paris."

        I can give you a pointer to the WARN act rules. That can address the legal aspects of your question.

        http://www.doleta.gov/programs/factsht/warn.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          I might mention that Mi. does not have its own state version of the "WARN" Act - some states do.

          Refer to DAW's federal link which would apply.
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