Legal Question in Employment Law in Minnesota
I was very surprised when my manager announced that they had eliminated my position and they let me go. My reason for surprise is: (1) week before they laid me off, we were told our job is fine. (2) Within the last two weeks they hired 4 contractors to add to our 9 person team, (3) Days before my separation notice, we were told if necessary they will hire additional resource. During my separation notice meeting, I was clearly and sympathetically told the decision is entirely financial and nothing to do with my performance. I never had any performance issue in my annual review. (4) Finally, I was the only one (out of 9) got laid off in this office location. They have hundreds of employees in other states.
Question: Can an employer selective lay off one person showing financial reason while hiring additional contractors at the same time?
2 Answers from Attorneys
Alot depends on your employment status.
Are you in a union?
Did you have any written employment contract?
I should review your Employee Handbook or Manual.
Call or email me Thurs AM to discuss.
I am afraid that there is nothing that protects individuals from difficult supervisors or employers.
Unfortunately, all employment starts out as employment "at will." That means you may be fired for any reason or no reason or you may quit for any reason or no reason. The only thing that changes the "at will" status is contract and statutes. If you do not have a contract for employment, you have no contractual protections.
The statutes or the law, only protects against employment decisions that are discriminatory in nature. To be discriminatory, the employer must treat you differently than others based on a suspect class as defined by statutes. They may treat you differently for other reasons not based on the suspect class. For example, they may treat you differently because they do not like you, how you dress or how you part your hair. None of those things involve a suspect class. Suspect classes under state and federal statutes differ slightly, but generally include things such as race, creed, color, religion, sex, age, disability, whistleblower etc..
If you were not treated differently based on such classifications, there is no action that can be taken. If you feel you were treated differently based on a suspect classification, you may file a complaint with the EEOC or Department of Human Rights in Minnesota.
I am truly sorry to hear of your troubles.
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