When is a Layoff Unlawful?

Рет қаралды 11,382

Күн бұрын

Пікірлер: 66

@HonkyKong777 Жыл бұрын

I am so glad this dude is still making videos. I am a UAW worker in Ohio and these videos are research GOLD! Would love to see a video on Mandatory yearly physicals for active employees and the ADA and GINA conflicts.

@lincolnparc8897 6 ай бұрын

2:13 Ford Pinto engineer, wrote about the o-ring to the executives at Ford. He said O ring would prevent explosion. Ford replied it was easier compensate to humans Burns, injuries and deaths than it was to replace the o-ring on a massive recall. The pinto would explode, from a low speed collision.

@warnegoodman Жыл бұрын

Nice to see a new video from you. As a law student with an interest in employment law I've really enjoyed them.

@jefferyw4867 Жыл бұрын

Wish I would have known about this sooner my wife was laid off from a big box store after her doctor requested accommodations made for her epilepsy.

@soonhongauto Ай бұрын

Yeah I love your videos. In Oct, I was laid off, and HR forced me to sign off the termination letter with some clauses, I resist followed by HR frustration accusing me I am not cooperative. I totally don’t care and insists I have my rights. Then, now I submitted to labor union to take care this issue and I am so great ur videos teach pple not to sign TL; if not regret

@MicheleBlaha Жыл бұрын

My employer "separated our employment" while I was on FMLA medical leave of absence and gave an expected return to work date 90 days out. HR stated my position could not be kept open that long. The company is still advertising for an employee of my position. Being on a medical leave I lost my medical benefits at a substantially reduced cost and was not able to purchase coverage. I don't understand how a company can fire an employee who is on a LOA so that they (employee) can focus on getting better. Instead, their health improvement was halted and compoundedly got worse.

@JohnLee-db9zt 10 ай бұрын

90 days is a long time.

@dollpartz4u 9 ай бұрын

I was terminated while being on medical leave. I had no idea because the termination was via email and I had not read emails on time. Omg I was shocked! I’m in the process of finding a lawyer to see if I have a case.

@MicheleBlaha 9 ай бұрын

@@dollpartz4u Good luck. Mine was similarly by email and I wasn’t in the habit of checking the email. Dumb luck that I came across mine 2-3 days after it was sent and about 2-3 biz days before my last day.

@MicheleBlaha 9 ай бұрын

@@JohnLee-db9zt I suppose you have been on the same type of medical LOA? Thanks for your reply though. It takes all sorts.

@2davivadiva 6 ай бұрын

That’s a big case and hope you’ve found a lawyer

@GPTeacherReis 3 ай бұрын

Great content from start to finish. Thank you!

@whitneylaws7435 Жыл бұрын

I love how you explain things!! Could you please consider doing a video explaining misclassification in employment( independent contractor vs. employee status). I think it would benefit many California workers. Keep up the great work!! 🙂

@bryans.7220 Жыл бұрын

Love your channel sir! I wish I had found you months ago before I found my current council. I'm in OC and would have called you 1st for sure!

@siobahnhurley85 Жыл бұрын

WELCOME BACK!!!

@hypnotiq54 10 ай бұрын

Branigan..I have a case where a group of us were laid off for the exact reasons you detailed in your video.

@jasonthao6640 Жыл бұрын

Hi can you please make a video about EEO (Equal Employment Opportunity) law? Can you mention things as, how to identify and steps to take in order to be able to prove? Thanks. Love your videos.

@jaredleemease Жыл бұрын

Thank you Branigan. 🙂

@Jarandjar Жыл бұрын

How would I go about writing a reasonable accommodation request in a manner that won’t get me fired?

@jazzystar1086 Жыл бұрын

Love your videos can you please do on when the employer breaches it contract with an EEOC agreement

@seeseabee7165 6 ай бұрын

You had another video about asking for more severance. Would it be appropriate to try to negotiate severance and departure date?

@shawnmirza325 Жыл бұрын

Great info! What if you were laid-off unlawfully but you signed an arbitration agreement when getting the offer letter to start employment?

@braniganrobertsonlaw Жыл бұрын

You can still pursue a case. It’s not as it advantageous as it would be if you were in court. But if it’s a good case, it’s still worth pursuing in arbitration. It’s also possible that your lawyer will be able to get out of arbitration if the agreement they gave you violates the law. But that depends on your specific agreement. I also recommend you watch my video on arbitration. How Arbitration Cheats Employees kzbin.info/www/bejne/m4PJfaWVd61moq8

@shawnmirza325 Жыл бұрын

@@braniganrobertsonlaw Appreciate the help, thanks!

@bryans.7220 Жыл бұрын

If someone like myself wasn't satisfied with the thier current attorney's results, and then I found a different attorney like yourself that I liked better, could I simply fire the current attorney and hire a new attorney instead?🤔

@ptillapaugh 6 ай бұрын

My friend , who lives in Orange County, Ca was “layed off” in February but she feels that she was actually fired because she has a “perceived disability” because she told her manager that she had to go to the hospital for a respiratory problem 2-3 months before she was “layed off”. The company would not give a reason for her layoff but in fact they selected one person from each team to let go. At the time off layoff, she accepted a small “severance” that stated she could not sue the company for any reason. Does she still have a case?

@mindovermatter2day Жыл бұрын

In a meeting with my manager I shared with him that I contacted the EEOC about times lines of discriminatory acts made against me that HR were trying to gaslight me and tell me we’re closed and done with he fired me. Is this a protected activity? I made complaints about disparate treatment and reverse discrimination and they kept skirting the issue and blantant lies told. Is discussing my call to EEOC protected activity? I’m in a 1 party state and have the call recorded. After I shared this with him he fired me with in days.

@braniganrobertsonlaw Жыл бұрын

It sounds like a protected activity to me, but it depends on your state law. I strongly recommend you call a lawyer in your state. Even if you get turned down by a few lawyers, call a few more. It sometimes takes speaking with multiple lawyers before you find one that you like and trust and who believes in your case.

@stevemccauley5734 8 ай бұрын

This video is 6 years too late for me but I was “laid off” from a company I worked at for 25 years because we’d had a union that was decertified & I found out about a year later that there was a guy involved in management that heard rumors I was trying to get a new union put into place. I’ve completely moved on & ended up making more money in a professional position, opposed to the manufacturing type position I had there. But still. I knew the lay off was some bs & I wish I’d had the motivation to sue them but I didn’t know what to do at the time. My generation was brought up to accept these things & just move on. The holding company that owned that company long since is no longer involved with them. I’ve been offered to go back there but I realized I’m much better off away from there. It was such a toxic environment.

@hectorperez693 Жыл бұрын

I got a question if i get to be layoff, do I need a termination letter from my job in order to receive an unemployment in Department of Labor N.Y

@garywheeler7039 Жыл бұрын

Does not mention Work From Home situations, and I am guessing that is not a protected class, unless it involves a disability (ADA). Can an employer justify sending people to work (in an office at some distance) if they cannot prove a need? Can they prove the employee is more productive at an office after the commute and distractions? I do not know. There might be an implied contract between you and the employer if you were hired to work from home, I am guessing, and the employer is suddenly changing the terms of the contract without your permission. A contract is a legal obligation between two parties and you would have to prove there was a contract. It might not be in writing, so this might complicate things.

@samkawer Ай бұрын

One time I was laid off because one boss didn’t tell the other is that considered illegal but a week later I was offered my job back the reason why I was laid off because one boss was trying to get back at the other boss

@JohnLee-db9zt 10 ай бұрын

Just know that in any litigation, lawyers always wins. 😂

@MicheleBlaha 9 ай бұрын

@JohnLee-db9zt So if the employee has a lawyer as well as the employer which lawyer are you saying wins?

@texaslovelylady 7 ай бұрын

If I was a contract employee, with clause of "at will" employment. I finished my contract. Was not asked if I was returning. This is for a school year. Then in September they send a letter to say I was fired. Do I have a case? Not only that, they are smearing me to any potential employer saying I am difficult to work with that I can not be corrected without "acting up" which is a lie. I was only ever corrected once for being late. And I had no problem. I was harassed by co-workers for three years. Other people quit, I moved across country for the job, and had a child. I only quiet quit after I got sick during the beginning of covid and decided not to return to have to keep the kids wearing masks on the bus was not something I wanted to do.

@texaslovelylady 7 ай бұрын

Àlso what would be the statue of limitations in Texas?

@texaslovelylady 7 ай бұрын

I do have discrimination based on religion.

@DayleDiamond Жыл бұрын

Seek out protected activities and engage in them often. Not only is it good civic behavior, it makes terminating your employment more fraught. Does your company really want to explain to a jury why they fired a union organizer?

@humannature3916 Жыл бұрын

What if it is already too late, just finding this out now and signed a separation agreement/took severance

@js3883 Жыл бұрын

I am a chicken! I got layed off because my manager does not like poultry. Do I have a case? When I left I crapped on the carpet, as chickens do. Then I plucked his eyes out and jumped out the window before security could grab me. I am now free and am organizing.

@DeeDee-lr8nb Жыл бұрын

😂😂

@wakeup6759 Жыл бұрын

I think you were watching the wrong video. how about you direct yourself to one about mental health counseling

@js3883 Жыл бұрын

I already see a chicken therapist named longhorn leghorn. I have developed a taste for human eyes.@@wakeup6759

@whitneyw.7919 9 ай бұрын

WHEN SHOULD IT BE UNLAWFUL? 1.Whenever C-suite executives are making more than $1M 2. Whenever C-suite executives are not being fired for running the company into the ground which is the reason layoffs are ever needed 3. whenever profits are in the millions..there is no reason for big layoffs when there is plenty of profit