Gugny Posted May 3, 2014 Share Posted May 3, 2014 One of the local retail stores is moving. Not far; just to another nearby plaza. With the move, there will be some down time, during which there will be no business. They announced - today - that then entire staff was fired. However ... they can reapply. This is obviously (to me, anyway - other theories can be shared) a ploy to cut their pay. I know New York is an "employment at will" state. But is what they're doing legal? Link to comment Share on other sites More sharing options...
BringBackFergy Posted May 3, 2014 Share Posted May 3, 2014 As much as it sucks - yes they can. Link to comment Share on other sites More sharing options...
mead107 Posted May 3, 2014 Share Posted May 3, 2014 Your wife's place? Link to comment Share on other sites More sharing options...
NDBUFFCUSEFAN Posted May 3, 2014 Share Posted May 3, 2014 Legal yes Scummy yes I would never give my business to a place that treats their employees that way. Link to comment Share on other sites More sharing options...
Beerball Posted May 3, 2014 Share Posted May 3, 2014 If rehired will their hire date go back to their original date of employment of the new date? Link to comment Share on other sites More sharing options...
Keukasmallies Posted May 4, 2014 Share Posted May 4, 2014 I'd love to sit in on the job interviews of those who are re-applying for "their" jobs. "Good morning, I have your resume here and I see you were fired from your last job...? We here at Acme value loyalty above all else...." and so it goes. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted May 4, 2014 Share Posted May 4, 2014 What's the name of the business? Link to comment Share on other sites More sharing options...
BuffaloBill Posted May 4, 2014 Share Posted May 4, 2014 If rehired will their hire date go back to their original date of employment of the new date? With the caveat that there may be some nuance to NYS law I am unaware of, I am 99.99999% certain it is at the discretion of the employer. This would be unless there is a collective bargaining agreement that provides some protection. Sadly, employers like this that make the idea of loyalty obsolete. Link to comment Share on other sites More sharing options...
Beerball Posted May 4, 2014 Share Posted May 4, 2014 With the caveat that there may be some nuance to NYS law I am unaware of, I am 99.99999% certain it is at the discretion of the employer. This would be unless there is a collective bargaining agreement that provides some protection. Sadly, employers like this that make the idea of loyalty obsolete. That's why I was curious. If they retained the original hire date then at least from a benefits & perhaps 'profit sharing' perspective the people wouldn't lose anything. What about the management team in the store, were they released as well? Link to comment Share on other sites More sharing options...
BuffaloBill Posted May 4, 2014 Share Posted May 4, 2014 That's why I was curious. If they retained the original hire date then at least from a benefits & perhaps 'profit sharing' perspective the people wouldn't lose anything. What about the management team in the store, were they released as well? I should add there may be protection of defined benefit pension credit calculation if there is a plan and it remains open at the discretion of the employer. However it is likely to be the case that said employer is looking to dump,any such obligations in their maneuvering. Link to comment Share on other sites More sharing options...
KD in CA Posted May 4, 2014 Share Posted May 4, 2014 I forget the specifics, but the WARN Act requires some minimum notice period if laying off more than X number of people. Link to comment Share on other sites More sharing options...
BuffaloBill Posted May 4, 2014 Share Posted May 4, 2014 I forget the specifics, but the WARN Act requires some minimum notice period if laying off more than X number of people. X=100 Notice period = 60 days Link to comment Share on other sites More sharing options...
Gugny Posted May 6, 2014 Author Share Posted May 6, 2014 It is not my wife's company. It is a company that is known for their handbags and purses. Fittingly, their name rhymes with "Roach." Link to comment Share on other sites More sharing options...
BringBackFergy Posted May 6, 2014 Share Posted May 6, 2014 X=100 Notice period = 60 days But in this case, they aren't being laid off - they are being terminated with a wink. Link to comment Share on other sites More sharing options...
Chef Jim Posted May 6, 2014 Share Posted May 6, 2014 What if the new space is only half the size and open five days instead of seven and they can't accommodate all current employees. Just playing devil's advocate and how people flip out on news when they don't have all the facts. Link to comment Share on other sites More sharing options...
BuffaloBill Posted May 7, 2014 Share Posted May 7, 2014 What if the new space is only half the size and open five days instead of seven and they can't accommodate all current employees. Just playing devil's advocate and how people flip out on news when they don't have all the facts. Though they could have made staffing decisions around these new levels without releasing everyone. Link to comment Share on other sites More sharing options...
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