These COVID-19 related mass hires and fires are egregious and since unemployment insurance is generally funded with taxes paid by employers, it is a strong indication that there are profits to be gained via lay-offs. Expendable, pandemic employees only serve to fuel the billows of corporate smoke coming from the profit chimneys. In other words, temporary employees are being hired for predetermined periods of time to meet the needs of the pandemic and for additional manpower only without these companies having any true intentions of investing in these workers. All of this without the knowledge or consent of the new hires...A classic story of profits over people. I recently had the despairing privilege of joining the ranks of these workers who've been used, abused, and discarded to meet the needs of the pandemic. Ralphs Grocery Store laid me off on the day of the historic Juneteenth Holiday without cause. Days leading up to the lay-off, supervisors began to look for classic performance related reasons to justify their wrongful actions such as falsely accusing me of taking long breaks, trying to deem me incompetent for the job, etc. Lucky for me, I graduated from law school and have taken significant strides toward investing in my future. Ralphs was never a long-term plan and considering that I've worked in the grocery retail business since I was in high school without a single performance issue, it's safe to say that laying me off days before completing my probationary period was unwarranted.
My education and background also left me with a plethora of knowledge at my disposal. Unlike, most laborers, I knew the correct questions to ask in order to ensure that I was not taken further advantage of during the layoff process. I would also like to add at this time that these questions are important to ask regardless of whether the termination or layoff was justified or not. The questions and information are designed to ensure that you are treated fairly, fortify your financial security during a time of great transition, and that you leave your job with all the necessary paperwork needed for the next step.
1. How Many Days Do You Have to File a Grievance or Dispute?
Oftentimes, there is a finite period of time for employees to file a grievance or dispute. If you've been wrongfully discarded by your employer, it is highly unlikely that they are going to divulge this information to you willingly. If your workplace is unionized and you fail to ask this question at the time of the layoff or termination, call your union representative as soon as possible. In most cases, you may still be able to file a grievance beyond the deadline, but be aware that you may lose certain rights and protections by missing the given date.
2. What is the Exact Reason for the Lay-Off or Termination?
Please keep in mind that if you work in a "right-to-work" state, employers may hire, fire, or lay you off essentially as they please (with very few restrictions). Even if you live outside of an anti-employee labor law state, employers who lay-off or terminate an employee during the probationary period are within their full rights to leave you without an answer. Employers will generally state a broad reason for their decision (i.e., redundant position, cost cutting, changing demands, poor job performance, violation of a company policy, etc.). At any rate, it is important to distinguish between being laid and fired because the difference affects your rights, the means of recourse, finances, and your future job search. The most important distinction is that a lay-off occurs generally through no fault of the employee while a termination is typically specific to the person and their performance.
3. How About a "Pink-Slip"?
A pink-slip, formally known as a separation notice is generally a piece of paper (pink in case you were wondering) that employers give employees who've been separated from the company receive at the time of separation. The purpose of the separation notice is to advise employees of their rights under state employees laws and provides employees with the necessary paperwork to present to unemployment officials in determining their unemployment benefits. State regulations will oftentimes require employers to issue these notices.
4. Names and Data.
If you intend to file a grievance against your employer or enter into any kind of dispute resolution, it is imperative to get the names and written statements of anyone who may be helpful to your cause. Furthermore, while retaliatory terminations are prohibited, it's important to get this information as discreetly as possible because employees may not be willing to speak up when their livelihood is at risk. Anyone who may be helpful in the resolution of your dispute should be contacted.
5. Don't be Afraid to Speak with an Attorney.
Do not be afraid to speak with an attorney or other legal services in the event that you feel or know that a company has done you some kind of legal harm or you feel like you've been laid-off or terminated based on some kind of internal illegalities within the company.
6. Can I be Relocated or Transferred?
If you truly cared about the job, see a future with a company, or are in a desperate situation where you absolutely need to work for this company, ask about being relocated or transferred to another position within the company or one of its subsidiaries.
7. When Will I Receive My Last Check, Payments for Sick-Time and Vacation?
It is important to ask when will you receive your last paycheck AND how will you get it. Typically, this needs to be done immediately or within the next pay cycle. More importantly, regardless of whether you were laid-off or terminated, chances are you've accumulated sick-pay and vacation time. Ask upfront if you will be receiving these benefits, how, and when? At any rate, your employee handbook will outline whether or not you are eligible to receive these monies, you should be because you earned it.
8. Insurance and Other Benefits?
Unfortunately, healthcare is going to be a huge issue, especially for those living in the U.S. Be sure to ask your employer about how long your healthcare benefits will last and how long you have before you need to file for a Continuation of Health Coverage (not sure how this equates to the acronym "COBRA", but it does). Personally, I've never used COBRA, but I've heard that the premiums are typically more expensive. Your employer should provide you some contact information regarding COBRA.
9. Am I Eligible for Rehire?
This question is paramount because it will give you an idea of how the employer is categorizing your separation if they are being vague about the terms. If you are eligible for rehire, then it's a layoff, if they're saying you are not eligible for rehire, then it means they're listing you as fired which will impact your unemployment benefits.
10. Who Else is Being Let Go?
This question is important because it will allow you to determine what the cause of your separation, legal rights associated with mass layoffs because they differ in some ways from isolated layoffs, terminations, etc.
11. Is it Me?
Remember, unless you were truly an awful employee who failed to place even the most minimal effort into complying with company policies, treating clients and co-workers with respect, and contributing something to the company, this lay-off or termination has nothing to do with you so don't take it personal. That time moping, complaining, and feeling sorry for yourself might cause you to miss the next opportunity which is probably sure to be better than anything you feel that you've lost at this time.
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