Is it legal for only one person to be laid off?

Employment Law Forum
1

My neighbor’s son, who’s in his 40s, was let go from his full-time job a few weeks back, even though others hired after him are still working there. Is this legal?

Some of his coworkers heard different reasons for him leaving, none of which match what he was told. Apparently, he was told it was a layoff. The strange part is that a high school kid who only worked one day a week got bumped up to a five-day schedule for a bit before going off to college, and two other newer employees are still there. Recently, they even hired a new part-timer to help cover shift changes.

So, there are six employees: one manager, four full-time hourly workers, and one part-time hourly worker. Does this sound legal to you?

2

That’s a tricky one, but it really depends on the situation and the laws in the area.

3

Honestly, getting the layoff label is better than being outright fired. With a layoff, he can apply for unemployment and not worry about his boss challenging it.

4

Brett said:
Honestly, getting the layoff label is better than being outright fired. With a layoff, he can apply for unemployment and not worry about his boss challenging it.

Makes sense. Thanks for explaining.

5

Why are my comments being downvoted? That’s pretty frustrating.

6

Are you sure he was actually laid off? Sometimes people say laid off instead of admitting they were fired.

7

Vale said:
Are you sure he was actually laid off? Sometimes people say laid off instead of admitting they were fired.

As far as I know, his boss said he was laid off. None of us; me, him, or his mom; really have experience with layoffs, but it did feel a bit off.

8

Sounds more like he was fired to me.

9

In most places, employers can let someone go for almost any reason, unless it’s based on protected traits like race, gender, or religion. The only state that doesn’t follow at-will employment rules is Montana. If he’s in a union, it could be different, though.

Curious; what makes you think this might be illegal?

10

@Olin
I think they might’ve targeted him unfairly because he’s not white. Plus, his boss only asked about his last two years of work, even though his last job was seven years long. Maybe they didn’t trust him? I felt like something wasn’t right, so I thought I’d check it out.

11

Unless there’s a union agreement that says otherwise, it’s legal. Being ‘laid off’ might just be a nice way of saying ‘fired’ here. He should definitely apply for unemployment.

12

Jensen said:
Unless there’s a union agreement that says otherwise, it’s legal. Being ‘laid off’ might just be a nice way of saying ‘fired’ here. He should definitely apply for unemployment.

Okay, that makes sense. It just seemed weird to me since I thought if one person was laid off, others who came after would be too. His boss said it was because the store wasn’t doing well, but I’m not sure I believe that. So it’s legal?

13

@Zan
Without a union, they can pretty much decide who stays and who goes however they want.

14

@Zan
Any reason for the downvote?

15

@Zan
You clearly don’t understand this stuff.

16

Caelan said:
@Zan
You clearly don’t understand this stuff.

Wow, no need to be rude. Go spread negativity somewhere else.

17

@Zan
Yeah, there’s no law that requires layoffs based on who’s been there the longest; that’s something a union might require, not the law.

Do you mean at-will employment when you say ‘free to work’? And yeah, the layoff could be a cover. Either way, it’s still legal.

18

@Olin
Got it, thanks for clearing that up.

19

Yep, totally legal.