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Marriage Builders Forums Our Archives Archived Read-Only Posts Inactive: General Questions Is it legal?

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Is it legal? #2163853 11/25/08 12:15 PM
Joined: Oct 2006 Posts: 118 M MyBad OP Member
OP MyBad Member M Joined: Oct 2006 Posts: 118	Does anyone happen to know if it is legal for an employer (specifically Massachusetts) to lay off an employee on Friday and have another person replace that position the following Monday. How can you have an employee receiving unemployement benefits for a particular position while someone else (new empolyee)is doing that job? Isn't that against the law? According to Wikipedia: Layoff is the temporary suspension or permanent termination of employment of an employee or (more commonly) a group of employees for business reasons, such as the decision that certain positions are no longer necessary or a business slow-down or interruption in work. Thanks for any help or advise anyone may have.... MyBad

Re: Is it legal? MyBad #2163859 11/25/08 12:24 PM
Joined: Nov 2007 Posts: 1,880 K Krazy71 Member
Krazy71 Member K Joined: Nov 2007 Posts: 1,880	I don't know about your state, but in most states you can be fired and replaced for no reason at all. As long as it's not a case of discrimination, that is. Being part of a labor union with rules against such practices would be the other exception I can think of. Divorced

Re: Is it legal? Krazy71 #2163863 11/25/08 12:29 PM
Joined: Aug 2006 Posts: 3,423 W wildhorses74 Member
wildhorses74 Member W Joined: Aug 2006 Posts: 3,423	Quote I don't know about your state, but in most states you can be fired and replaced for no reason at all. Not in my state. An employer has to have valid reasons for firing an employee or they can be sued for wrongful discharge. They CERTAINLY cannot call it a layoff and then re-hire that same position. MyBad, I would call your state equivelant to our "Department of Labor and Industry." Or have this person ask for a referral from whomever he talks to for his unemployment benefits.

Re: Is it legal? MyBad #2163868 11/25/08 12:39 PM
Joined: Sep 2007 Posts: 2,305 S Still_Crazy Member
Still_Crazy Member S Joined: Sep 2007 Posts: 2,305	My state is an "at will employment" state as well. Meaning they can fire me at any time without just cause and i can leave at anytime without just cause.

Re: Is it legal? MyBad #2163872 11/25/08 12:47 PM
Joined: Jun 2008 Posts: 6,108 B black_raven Member
black_raven Member B Joined: Jun 2008 Posts: 6,108	There is a difference between a layoff and a firing. When laid off the position can normally not be filled for 6 months. Details make the difference though - if the job is exactly the same and hasn't changed at all vs additional duties have now been added to the position and the prior employee no longer meets the qualifications. If one takes another job before the layoff date is over is also factor too. There's a number to factors to consider. BW - me exWH - serial cheater 2 awesome kids Divorced 12/2011 Many a good man has failed because he had a wishbone where his backbone should have been. We gain strength, and courage, and confidence by each experience in which we really stop to look fear in the face... we must do that which we think we cannot. --------Eleanor Roosevelt

Re: Is it legal? wildhorses74 #2163874 11/25/08 12:49 PM
Joined: Oct 2006 Posts: 118 M MyBad OP Member
OP MyBad Member M Joined: Oct 2006 Posts: 118	Krazy71 & Fox- Thanks for your response. Good to know you are out there! Much appreciated! I have been wracking my brain and doing tons of research online. I have been trying to get in touch with the Dept of Labor. There is a 30 minute wait time via phone. So I figured who better to bounce this to (even though its not a marital problem) than my friends here. Apparently we are not the only unemployment issue. (whodathunk!) It just seems as though that would be illegal. Times certainly are tough right now.... Imagine working in a position for 15 years and finding out from someone OUTSIDE the company that you are being laid off and that someone else is going to come in and do your job! How frustrating! I imagine it would be tough to prove eh? MB

Re: Is it legal? MyBad #2163878 11/25/08 12:53 PM
Joined: Nov 2007 Posts: 1,880 K Krazy71 Member
Krazy71 Member K Joined: Nov 2007 Posts: 1,880	It sounds like "wage discrimination"...a classic case of getting rid of the long-time, higher income employee in favor of a new, cheaper employee. Divorced

Re: Is it legal? Krazy71 #2163883 11/25/08 01:03 PM
Joined: Oct 2006 Posts: 118 M MyBad OP Member
OP MyBad Member M Joined: Oct 2006 Posts: 118	Still_Crazy - Thank you - I understand. Black_Raven – That is great information! Could be very useful. I was not aware about the 6 month rule. Thank you very much. The position is Heavy Equip Mechanic...how much can it vary, however they could give it a different title I guess. MyBad

Re: Is it legal? MyBad #2163886 11/25/08 01:09 PM
Joined: Sep 2007 Posts: 2,305 S Still_Crazy Member
Still_Crazy Member S Joined: Sep 2007 Posts: 2,305	I also know that at my company (in 2006) they laid off 25 employees and moved their duties to a different location. Most of these employees had been here 20 years or longer. And their positions were just done away with here and trandferred to another city. I think companies can loop the law to do whatever they want unfortunately.

Re: Is it legal? MyBad #2163888 11/25/08 01:15 PM
Joined: May 2000 Posts: 15,150 Kingdom of Caerlon C cinderella Member
cinderella Member C Joined: May 2000 Posts: 15,150 Kingdom of Caerlon	I previously worked in unemployment insurance. If the employer calls it a 'layoff' or says the separation is due to a 'lack of work', it is possible for the person to receive unemployment insurance. In some states, it would be legal for the employer to lay off an employee on Friday and replace them on Monday with another employer. That would depend on the laws in that state.

Re: Is it legal? cinderella #2163947 11/25/08 02:55 PM
Joined: Oct 2006 Posts: 118 M MyBad OP Member
OP MyBad Member M Joined: Oct 2006 Posts: 118	Krayz71 – Wage discrimination was my very first thought too! Get rid of the higher paid and replace with cheaper wages. Seniority holds no water anymore…how sad. Hi Cinderella – I guess that unemployment insurance is the saving grace here. Question though, if there is a lack of work, then why would they need to hire a newbie? “Where you stand on an issue depends on where you sit.” – Murphy’s Law MyBad

Re: Is it legal? MyBad #2164019 11/25/08 05:04 PM
Joined: May 2000 Posts: 15,150 Kingdom of Caerlon C cinderella Member
cinderella Member C Joined: May 2000 Posts: 15,150 Kingdom of Caerlon	They don't have any work for the person they laid off.....If the state is an 'employment at will' state, they don't really need a reason. Unemployment insurance is not, in most states, ever deducted from the employee's salary. The fund/pool from which UI benefits are paid is typically funded by the federal government and by 'insurance premiums' paid by employers. The more charges against an employer's "account", the higher their premium. Therefore, while an employer can often let a person go for no good reason and can call it a layoff, there are ramifications for the employer. The more often they do this, the higher their premiums will be.

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