Layoffs or large-scale staffing reductions often occur due to necessity. As demand for goods or services declines, companies may have to scale back how many workers they have on the schedule. Some layoffs are temporary, meaning that the organization hopes to recall workers when circumstances improve. Other layoffs are likely permanent and may result in workers officially losing their positions.
Most people recognize that layoffs are sometimes necessary and may resent their inclusion but ultimately accept it. Others may have reason to fight the decision to include them in a layoff. Sometimes, employers hide retaliation in a decision to lay off a specific worker or group of employees.
When is a layoff potentially retaliatory?
Employers making decisions about staffing reductions generally need to be objective during that process. They need to establish specific standards for making the decisions about who stays and who goes. They must then consistently enforce those standards with each decision made.
For example, the company may perform evaluations of workers and may keep the most efficient ones or those who close the most sales. They may make decisions based on seniority instead. An employer should be able to point to the specific metrics used when making employment decisions related to mass staff reductions.
If the inclusion of specific workers seems suspect, they may have reason to question why the company chose to terminate them. Retaliation typically requires a protected precipitating activity. In other words, workers only face retaliation if they engaged in certain behaviors that employers may not appreciate prior to the layoff.
It can be retaliatory to terminate a worker who recently reported harassment or discrimination within the company. Whistleblowers who notified government entities about company practices can also face retaliation. Companies may retaliate against workers who request unpaid leave and medical accommodations. Even discussions about wages and attempts to unionize could lead to the company deciding to retaliate against those making use of their basic labor rights.
The more documentation workers have related to their protected activities, the better their chances of proving that a layoff was retaliatory. Retaliation is one of the scenarios in which workers can hold employers accountable for wrongful termination. Discussing what happened before and during a layoff with a skilled legal team can help employees better assert themselves after an unexpected and unfair job loss.