Can my employer refuse to allow me to take a voluntary layoff?
Question Details:
My work offered us a voluntary layoff. When I went to take to take it they said that I couldn't due to the fact they had no replacement for me. They are picking and choosing now who gets this layoff. Doesn't seem so voluntary. My question is, can they refuse me the right to take advantage of this layoff? The pay cuts have lowered my pay well below what it use to be this time last year(-60%) and the layoff would offer me the ability to sustain my income until I could find something new.
Employment and Labor Law Answers
Unless you have a written contract with your company, you're an employee "at will," which means that they can do this, as long as it's based on people's jobs and available replacements, as you've been told, rather than something like age or race or other illegal discrimination.
The other side of "at will" is your right to walk away. However, that would disqualify you from getting unemployment benefits, of course. You might threaten to quit, unless you got at least some of your pay restored; the fact that they've now told you they need you too much to let you take the voluntary layoff gives you a little bargaining power.
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