What are my rights if I was laid off but my job immediately transferred to another employee?
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What are my rights if I was laid off but my job immediately transferred to another employee?
A reduction in workforce resulted in my losing my job. The reasons stated were that they were eliminating the position but my job duties were 100% transitioned to 2 other workers, 1 of whom was changed to full-time work in order to fulfill the duties and the other had her job completely changed in order to manage my tasks. Is it legal to layoff under these terms when my job was determined essential enough to immediately fill/transition?
Asked on October 19, 2016 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Did this action violate the terms of any exisiting union agreement or employment contract? Did it constitute some form of legally actionable discrimination or retaliation? If not, then it was perfectly legal. The fact is that a company can set the conditions of employment much as it sees fit. This includes who to layoff, when and why.
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