Legal Question in Employment Law in California
Laid Off by Employer
I was laid off 4 weeks ago. I have not signed my exit package, but have deposited the included checks. Before I sign (off all legal rights), I am seeking legal advice on the matter.
I was employed as the Webmaster; prior to my promotion, I was the PC Support Specialist. My boss, interim I.T. Director, tells me the reason a few days before the lay off my position is not revenue generating. And the ''NT Administrator'' was laid off because his position can be handled by other staffs which knows NT. The remaining IT guys are: 1. interim IT Director 2. Sr. UNIX admin 3. Network Admin 4. PC Support Specialist 5. Helpdesk. Other notes, number 4 & 5 are buddy-buddy with the IT Director and the people laid off were on his bad side. I was hired before everybody on the list except #2. If it was job function skills, I could do #4 and #5's job more professionally (they are newbies and I have 10 years experience).
Can I sue my former boss/employer because I believe I was laid off by his personal bias?
Thanks for your advice.
2 Answers from Attorneys
Re: Laid Off by Employer
Do you belong to any protected class? personal bias based on Race, Sex, Age, Religion or personal origin. How much you were making? How long you worked there?
Re: Laid Off by Employer
-Generally as long as the bias is not based upon an improper motive, i.e. race, gender, whistleblowing, etc. "favoritism" is permitted. You might also look to the employer's lay-off policies, however, to determine if they violated these policies.