Expert: Salvador Souto - 3/19/2005

Question
Thank you for the information.  It will be very helpful.

Something else happened.  My daughter wasn't told why she was laid off.  She was in shock and just took her check and left.  No notice was given to her.  However, a friend that she works with said they got a memo an hour after my daughter left work that my daughter's co-worker would be taking over the job in customer service.  Do you see anything strange about this?

Thank you

-------------------------
Followup To
Question -
My daughter went to work this morning.  She has been working for a title company in the customer service department for over 1 year.  The manager said "we have to lay you off".  No reason was given.  After saying that, they gave her a check.

She has never been written up, has not done anything wrong, just downright laid her off.

Shouldn't notice have been given before the lay off.  Shouldn't severence be given.  

She heard through the grapevine but not proven that another girl that was doing the recording part of the customer service job, was going to be keeping that job and also doing my daughter's job.  Isn't that illegal?  To take my daughter's job away from her so that one person has both jobs and they can pay one income and not two?

The actual words were "laid off".

Last year my daughter had cancer and was off on disability for 6 weeks.  She lived on disability.  She went back to work and 8 months later had to go back into the hospital and was on disability for another 6 weeks.  She has medical insurance through the company she was just laid off from.  Could that have been one of the reasons she was laid off?

I hope this isn't too much information. If so, is there another area of All Experts I should have addressed this question to?

Thank you!
Answer -
Hello Ms. CokerSeverance pay is one of those nice things employers do for employees that is NOT required by law.  I think that there may be something that can be done about the lay off/firing.  B/C of her illness it is possible the employer has discriminated against her b/c of a disability.  You should call the eeoc at 18006694000 and/or visit www.eeoc.gov to look into that possibility.  Also there could be a violation of the Family and Medical Leave Act.  Go to www.dol.gov/esa/whd.  You may also wish too consult with an experienced labor and employment lawyer.  Best regards

Answer
To my knowledge there is no requirement that anyone be given a reason for being terminated.  That said it is also my understanding that if you apply for unemployment the employer has to tell unempoloyment the reason for the dismissal.  Unemployments rules and regulation are determined by the individual states within quidelines established by the federal government.  You should check with the local unemployment folks to see if they can offer any help.  Best regards