Is it legal to layoff an employee based on prior work performance?
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Is it legal to layoff an employee based on prior work performance?
My friend was laid off. He was told that his position was being eliminated. He told his employer that he had worked there for a long time and questioned why he was selected to be laid off. He has been employed there the longest among those employed with his same position. He was told many factors were considered, including past performance ratings. Age discrimination is not being questioned, all employees are roughly in the same age range. d on this information, is this a wrongful layoff? Should they have laid off someone there with less time employed?
Asked on February 3, 2016 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In an "at will" work relationship (and most employment arrangements are), an employee can be discharged for any reason or no reason at all. This is true unless the employee's termination is based on some form of actionable discrimination. Also, such action must not violate company policy or the terms of an employment contract or union agreement. Bottom line, a company can set the conditions of employment much as it sees fit or deems appropriate.
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