Current:Home > ScamsCan an employer fire or layoff employees without giving a reason? Ask HR-DB Wealth Institute B2 Expert Reviews
Can an employer fire or layoff employees without giving a reason? Ask HR
View Date:2024-12-23 20:23:13
Johnny C. Taylor Jr. tackles your human resources questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world's largest HR professional society and author of "Reset: A Leader’s Guide to Work in an Age of Upheaval.”
Have a question? Submit it here.
Question: Though I have had positive feedback on my performance since starting my job, I was recently laid off for performance reasons. In fact, this is the first time I've been singled out for substandard work, and they didn't provide any specific detail on the standard or my work. Are employers required to give a reason for a layoff? Do I have any recourse if they provide a false reason? – Maya
Answer: I am genuinely sorry to hear about your recent layoff. It must be incredibly jarring to learn about perceived substandard work for the first time in the midst of being laid off. Unfortunately, I don't have the best news for you. While there are some states where your employer may be required to provide an explanation pursuant to state law, an employment contract, or a collective bargaining agreement, generally speaking, employers can terminate your employment for any nondiscriminatory reason and they don't have to give you the reason.
Layoffs are often driven by broader business pretexts, such as cost-cutting or organizational restructuring, and may not necessarily reflect on the performance of individual employees. Employers should utilize nondiscriminatory criteria when conducting layoffs, considering factors like seniority, job skills, and performance. It is worth noting that employers must also avoid discrimination and ensure fair treatment in the selection process.
You may have legal recourse if you suspect the layoff decision was discriminatory or based on false reasons. Unlawful reasons for layoff can include factors like pregnancy, age discrimination (for those 40 or older), or issues related to religion or disability. You may also have legal options if the layoff occurred because you exercised your rights to certain employment protections, such as workers' compensation or paid sick leave.
Before considering legal action, I recommend contacting your former human resources department to gather more details about the layoff. Understanding the specific reasons behind the decision can provide clarity. Additionally, you may contact the Equal Employment Opportunity Commission, the government agency responsible for enforcing workplace discrimination laws, to discuss your situation.
There is a marked difference between illegal and poor business conduct. While you have recourse when impacted by an unlawful employer action, your options are limited when such employer behavior falls short of being illegal. Though a layoff may hurt in the short term, in the long run, you'll be better off in an employee-employer relationship based on mutual respect.
I sincerely hope you have found new opportunities since your layoff. If you are still in the job market, I wish you the best of luck in your search for stable and meaningful work.
Recordings on the jobIs it illegal to record a conversation at work? Ask HR
A graphic design company just offered me a new job, and I'm leaning toward taking it, but they don't offer any health insurance benefits. Is that legal? – Dorian
Congratulations on receiving a job offer. That's fantastic news. Regarding your concern about health insurance benefits, whether it's legal for an employer not to offer them depends on certain factors.
If the company has fewer than 50 full-time employees, they are not subject to the Affordable Care Act, which mandates employers to provide health care benefits or face penalties. For smaller businesses, offering health insurance may be challenging due to budget constraints. In 2023, the average health benefit cost per employee was $13,800, making it a significant expense. Providing such benefits might only be feasible for a smaller employer or startup with limited resources once they grow and become more established.
On the other hand, if the graphic design company has more than 50 full-time equivalent employees, they fall under the ACA regulations and may choose to offer health insurance or pay a penalty to the IRS. The penalty for 2024 is $2,970 per full-time employee (minus the first 30 full-time employees), which is substantially less than the average cost of health care.
If health insurance is a priority for you, there are options available. Many health insurance companies offer standalone plans for individuals and families. Additionally, you can explore purchasing health insurance through HealthCare.gov or your state exchange. I recommend comparing different options to find a plan that fits your budget.
Ultimately, if this job opportunity excites you and aligns with your career goals, don't allow the absence of health insurance benefits to be the sole deterrent. Alternative solutions are available to ensure you have the coverage you need while pursuing this exciting opportunity.
Best of luck in your decision-making process, and I hope this new job brings you fulfillment and success!
Moving for work?How do I ask an employer to pay for relocation costs? Ask HR
veryGood! (87439)
Related
- In an AP interview, the next Los Angeles DA says he’ll go after low-level nonviolent crimes
- Streamer Kai Cenat says he is ‘beyond disappointed’ in mayhem at NYC event
- Jason Momoa 'devastated' by Maui wildfires; Oprah Winfrey hands out supplies
- New book claims Phil Mickelson lost over $100M in sports bets, wanted to wager on Ryder Cup
- Garth Brooks wants to move his sexual assault case to federal court. How that could help the singer.
- Inflation ticks higher in July for first time in 13 months as rent climbs, data shows
- Kylie Jenner Is Rising and Shining in Bikini Beach Photos While Celebrating 26th Birthday
- Mississippi Supreme Court won’t remove Brett Favre from lawsuit in welfare fraud case
- Former North Carolina labor commissioner becomes hospital group’s CEO
- A rocket with a lunar landing craft blasts off on Russia’s first moon mission in nearly 50 years
Ranking
- College football Week 12 expert picks for every Top 25 game include SEC showdowns
- A rocket with a lunar landing craft blasts off on Russia’s first moon mission in nearly 50 years
- Some ‘Obamacare’ plans could see big rate hikes after lawmakers fail to agree on reinsurance program
- Mary Cosby Makes Epic Return in Real Housewives of Salt Lake City Season 4 Trailer
- Federal judge denies request to block measure revoking Arkansas casino license
- Jason Momoa, Olivia Wilde and More Stars Share Devastation Over Maui Wildfire
- Grand jury indicts teen suspect on hate crime charge in O'Shae Sibley's Brooklyn stabbing death
- Coal miners say new limits on rock dust could save some lives
Recommendation
-
Man Found Dead in Tanning Bed at Planet Fitness Gym After 3 Days
-
Iran set to free 5 U.S. citizens in exchange for access to billions of dollars in blocked funds
-
Federal judge will hear arguments on potential takeover of New York City’s troubled jail system
-
'King Of The Hill' actor Johnny Hardwick, who voiced Dale Gribble, dies at 64
-
Saving for retirement? How to account for Social Security benefits
-
How Chris Hemsworth and Elsa Pataky Formed One of Hollywood's Most Enduring Romances
-
LGBTQ+ people in Ethiopia blame attacks on their community on inciteful and lingering TikTok videos
-
Maui residents had little warning before flames overtook town. At least 53 people died.