Legal Question in Employment Law in Massachusetts

is layoff legal

I have been with the same company for over 23 years.

The past 3 years the company has fallen on hard times,

mostly due to the economy. There have been many layoffs and hours cut. I am the only employee left in my department. I totally run shipping/receiving and make all of our deliveries.

My question is : I heard that to be laid off, your job must have been eliminated. Is this true?

I was told by a supervisor that I was almost let go last week. The company will still run a shipping/receiving department and make deliveries. It isn't as if my job no longer exhists. I would think someone elce will just take over in addition to their duties.

If I am laid off, what should I do or say ?


Asked on 5/13/03, 9:15 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: is layoff legal

As an "at will" employee you can be let go at any time for any reason. If you are over 40 you could have a cliam of age discrimination but it appears that with all the previous layoffs your employer would have a valid defense unless it keeps a younger employee with the same or similar responsibilites. If laid off try to negotiate a severance package. In the meantime look for another job. It's easier to find one when you have one.

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Answered on 5/14/03, 10:44 am


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