Legal Question in Employment Law in Georgia
Request for Layoff
Due to many layoffs that we have had with the company I work for over the last year, there have been two questions that have arisen that I would like to have a legal answer for.
1. Is it legal to not lay off someone because of the amount of time they have with the company? (Example: If you have a choice between a person who has been with the company 2 years, vs 22 years and the 22 year veteran requested the layoff, is there a legal reason he cannot take it thereby saving the job of the 2 year employee. Both are exempt personnel.
2. If there are a set number of people who are going to get laid off, and I submit myself within the layoff list, is there a legal that they can turn me down? (Example: I put myself on the layoff list, the company turned it down stating they had the right to refuse my name, therefore another person was laid off.
I'm very interested in the answers to these questions. Thank you in advance.
1 Answer from Attorneys
Re: Request for Layoff
Unless they make a decision based on an illegal reason (such as illegal discrimination, etc.), a company may select any persons they want for a layoff. Unless there are other factors involved, a company is not required to select those people requesting layoffs.
The foregoing is general information only, not specific legal advice. Consult with your own attorney before taking legal action. No attorney/client relationship has been created or should be implied by anything contained herein.
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