You never know which terminated employee will sue or for what. That’s why you should treat every layoff as a potential lawsuit.
Defend yourself by doing all you can to help employees who may lose their jobs find other opportunities within the company. It doesn’t cost anything and shows your good faith.
Recent case: Steven lost his engineering job after business slowed down. He was one of a handful of employees who were laid off in a reduction in force.
Because Steven had recently taken, he sued, alleging he was fired for exercising his .
The employer countered with proof that it had tried to find Steven other work within the company, but his skill set didn’t match openings, which he himself admitted. The case was dismissed quickly. (Thomsen v. Stantec, No. 11-2458, 2nd Cir., 2012)
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- Court: Job changes must cause real harm to form basis for employee's lawsuit