SWEETIE'S LAY-OFF - Firm is advertising jobs of all those laid off

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Lay-off of 27 people (software development) was effective May 2, official date May 5. Yesterday, May 20, the jobs were advertised. You think they're going to offer to rehire at a lower salary? Any ideas? Surely they wouldn't be stupid enough to rehire only those who are under 40.

I haven't been posting much because I'm scouring the web for labor law and also information for the H-1Bs who were laid off. Have also talked to a lawyer this morning. Not illegal to do what the firm has done so far.

-- Anonymous, May 21, 2001

Answers

OG, Try to get the demographics of the people laid off. And yes these companies are stupid enough to hire back only those under 40. Labor law is very dependent on the state you live in. Some states are "at will" states, meaning that your employment is at the will of the employer unless there is a written contract stating otherwise. Some states require notices, etc, so I would check with the state labor board as to the specifics in your state. I would also check with an attorney.

-- Anonymous, May 21, 2001

There's nothing to be done about the layoff because all ex-employees had to sign a waiver of just about all their rights in order to get their severance pay. It's rehiring that would trigger action. If none of the over 40s are rehired and/or if none of the foreigners are rehired, then there might be a case. I suppose it's possible that nobody will be rehired. Copies of the separation agreement and H-1B employment agreements are being taken to the attorney's office this afternoon.

From what I've seen so far, the company's actions have been orchestrated by a very good legal team. This was borne out by a conversation a short while ago which elicited the information that the CEO, hired last year, is a well-known "hatchet man," that this sort of thing is his specialty. I think he also enjoys it. Why else would he come here all the way from Boulder to lay off two more people--personally--today? Whoever heard of a CEO personally doing this???

-- Anonymous, May 21, 2001


Glad you are talking to an attorney, that's the best way to go about this whole thing. There are Federal laws involved here too, under the age discrimination rulings. They trigger when someone is fired/laid off and then replaced with a younger person, presuming there was no valid reason to remove the older worker in the first place.

This sort of thing goes on all the time and can only be dealt with by an attorney. The CEOs who pull this stuff are willing to take the risk since it is troublesome and time consuming to fight back. It won't matter what Sweetie signed if it turns out to be a misrepresentation of what was actually being planned by the firm.

-- Anonymous, May 21, 2001


What ever happened to the "olden days" when people worked for the same company for 40 years and then retired with a good retirement package?

-- Anonymous, May 21, 2001

Well, Meemur, they have this monopoly game called the stock market and these days anyone can and does play. I just read some posts on a Yahoo news group pertaining solely to the stock in this company and they are applauding the CEO's decision to lay off 27 people in Development and contract with an offshore outfit (Russia, we think) because it's cheaper and, besides, development isn't where the money is anyway. They are just chortling with glee at the thought of their stock rising in price because of the layoffs. No doubt they will jump up and down when they find out another two were laid off today, with the promise of even more down the road. It makes me sick to my stomach, literally. I almost cried at the remarks of these callous assholes. Nobody from the company can post anything to this newsgroup because in the separation agreement is a clause not to disparage the company and we don't want to jeopardize any chance of anyone not getting all their benefits. And I know this guy, this bastard CEO, would sue if any ex-employee or a family member posted.

Never mind that some of the layoffees have little kids and stay-at-home wives, never mind that this company actively recruited foreigners (H-1Bs) to come over here with the promise of green-card sponsorship at the end of it, never mind the stress and worry, especially for those over 40 (I had a heavy call from one of the single women today, 44 years old and terrified, documentation writer), never mind these human beings shoved into a now-tight job market--let's chug-a-lug to another dollar on the price of the effing stocks.

-- Anonymous, May 21, 2001



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