When is a Layoff Unlawful?

This video details when a "layoff" at work was, in fact, an illegal termination. Click to learn about your employment rights.
Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers. Please subscribe to Branigan's channel! Visit his website at: brobertsonlaw.com
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At-Will Employment Demystified - • At-Will Employment Exp...
Pretext in Employment Terminations - • The Law Behind Fake Re...
Wrongful Termination Law - • Wrongful Termination L...
What to Expect in a Wrongful Termination Lawsuit - • What to Expect in a Wr...
How Much Money are Wrongful Termination Cases Worth? - • How Much Are Wrongful ...
00:00 - Introduction
00:16 - Big Picture
01:28 - Protected Activity
03:58 - Branigan's Contact Information
04:31 - Protected Characteristic
06:36 - How Do You Prove Your Layoff was Illegal?
09:25 - WARN Act
10:38 - Severance
12:03 - How Much Money are Cases Worth?
12:39 - Conclusion
#layoffs #wrongfultermination #employmentlawyer

[@jefferyw4867]

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.

[@HonkyKong88109]

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.

[@MicheleBlaha]

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]

90 days is a long time.

[@dollpartz4u]

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]

@@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]

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

[@2davivadiva]

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

[@lincolnparc8897]

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]

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

[@niggaflies]

Thanks for the videos, Branigan!

[@bryans.7220]

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!

[@whitneylaws7435]

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!! 🙂

[@hypnotiq54]

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

[@jaredleemease]

Thank you Branigan. 🙂

[@siobahnhurley85]

WELCOME BACK!!!

[@jazzystar1086]

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

[@jasonthao6640]

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.

[@stevemccauley5734]

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.

[@Jarandjar]

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

[@seeseabee7165]

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

[@bryans.7220]

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]

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?

[@hectorperez693]

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]

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.

[@channelofstuff6662]

i've got a letter of reprimand for safety complaints

[@shawnmirza325]

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

[@braniganrobertsonlaw]

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]

@@braniganrobertsonlaw Appreciate the help, thanks!

[@mindovermatter2day]

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]

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.

[@JohnLee-db9zt]

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

[@MicheleBlaha]

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

[@humannature3916]

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

[@DayleDiamond]

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?

[@ngf5077]

I never get laid at work :(. I only get routine meeting with HR:(

[@Subscribeforremixes]

What's the statue of limitations on this

[@braniganrobertsonlaw]

It depends on the type of claim you have. In most cases we bring several claims and there is a different SOL for each claim.

[@js3883]

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]

😂😂

[@wakeup6759]

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

[@js3883]

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

[@texaslovelylady]

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]

Àlso what would be the statue of limitations in Texas?

[@texaslovelylady]

I do have discrimination based on religion.

[@whitneyw.7919]

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

[@metaverse6214]

SOUNDS LIKE THE GUY WHO COMPLAINED TO OCEANIC SUB FAULTY BUILDING MATERIALS

[@elvism6283]

I just got “ laid off “ for being the best employee but I’m in the same sex marriage

[@Natural_Disaster_]

Yeah but for what state does all your info apply to? Not all states have the same laws.

[@Psyborgasm]

What about i was on light duty cause i have nerve damage. I broke my foot outside out work. They laid me off, saying there wasn't enough work. Being i was on wcb, apparently they couldn't actually lay off. When i got back to the office, they were doing new hires