Scenario: My company has recently undergone downsizing and let go of 30 employees. Some of these former employees have been working in my company for a long period of time with good job performance in their past records. I understand that termination resulted from a company restructuring doesn't require for any specific reason/ground. But are they all legitimate and how can it be verified?
Layoff is considered as "Dismissal Without Cause" under the current employment law, which means termination isn't based on improper conduct, poor work performance, or other grounds permitted for dismissal with cause under the law. In fact, termination is resulted from financial difficulty of the company and allowed under our current law.
Nevertheless, layoffs are usually considered as legitimate but there is no absolute. Other factors may be contributing to the legitimacy of layoffs. For example, if a terminated employee suspected that layoff was due to discrimination (14 prohibited grounds prescribed in our Human Rights Law) in support of solid and proven fact(s) or evidence(s). Further details regarding to the 14 prohibited grounds of discrimination can be referred to my article" How much do you know about your basic Human Rights?" published on July 10, 2015 in my blog. Some forms of your superior's behavior at work, such as harassment or bullying towards a terminated employee before a layoff can be used as proof/evidence, verified by any witness or documentation.
Another example may occur when an employee is in pregnancy or on maternity leave. Let's say the employer cannot prove that a layoff is unrelated to her leave, such as the entire department/function shuts down, or/and no closely related or comparable job within the capacity of an employee's skills set, training, or/and competence. However, termination in pregnancy or on maternity leave is not illegal, as long as the employer can prove that termination is unrelated to this employee's current family status.
Disclaimer: This information is not intended to be construed as a legal advice, but strictly for information only in this entire website. Please contact Trustworthy Legal Service for your independent legal advice in your particular situation. The first consultation is also required prior to my retainer of your case.
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