Layoffs are not inherently illegal, and they usually do happen without issue. They are very common in the tech sector, for example.
Often, a layoff just happens when the company is downsizing. Revenue may be down, for instance, so the owner needs to trim the workforce in order to make the company profitable. Other times, layoffs happen when companies change hands, as the new owners will try to cut costs.
That being said, even though layoffs are common, they could be carried out illegally, especially if there are signs of discrimination.
Potential age discrimination
For instance, there are certain protections for workers who are 40 and older. If they are discriminated against, because their age is a protected characteristic, it can trigger legal action due to age discrimination.
For instance, say that a company announces that it is going to conduct layoffs and 20% of the staff will be let go. However, almost everyone who ends up getting laid off is over 40 years old. These employees think that they were clearly targeted, while all of the younger and cheaper employees were retained.
In other words, the issue is not that the layoff was conducted, but simply that it did not apply equally to the entire workforce. The same basic problem can occur if it seems that the layoff targets workers of a specific gender, with a certain religious background, or of a certain race or ethnic background.
Combating discrimination
When these types of issues come up, workers are right to feel that their rights may have been infringed upon. If they believe that they have faced clear discrimination, then it is important for them to carefully look into all of their legal options moving forward.
