Automotive Company Downsizes-- California Labor Law Violation?
By Jane Mundy
Sacramento, CA Sean worked in the auto parts business 8 years for Chrysler with no complaints against him but he was just laid off. "In reality I have been wrongfully dismissed and I think my boss laid me off to avoid a wrongful dismissal lawsuit," says Sean, who believes that the Chrysler company violated the California Labor Law in an underhanded and unfair way.
Sean has family with 2 young kids to support so this lay-off has been devastating. He has never been laid off or fired in his life. "I've never been in this situation before??"I filed for unemployment and it is really hard to take," says Sean.
"I understand times are tough but a few months back they just changed my pay from salary plus commission to an hourly rate which gave me a substantial pay cut, but I still did my job regardless," says Sean. "Getting a reduction in pay was bad enough??"for the last 3 months I got about $600 per month less than my regular salary. Overtime wasn't allowed so I was just working an 8-hour day. When I was on salary, it was the same schedule; nothing changed in my job description. And my pay reduction happened right before my father passed away so it's been rough.
I more or less resigned myself to the fact that I had to live with this cut in pay, but when I was laid off my position was filled from someone inside the company with less seniority than me, and that wasn't right. I called my ex-boss and asked why; in all my yearly reviews I got perfect scores and was always told I was doing a great job.
He said that 'I was not going above and beyond my call of duty'. I didn't know what else to say to him except 'Thank you'.
The only thing that changed from my salary to hourly position was that we had 4 people in the department and the business opened a wholesale division, which meant one of my guys moved into the wholesale store, leaving me short-staffed. The guy who moved was also 'buddies' with my boss so when they laid me off, the next day he was back at our store. And the day after I was 'laid off' I got a lot of phone calls from co-workers and suppliers I dealt with telling me the news--that he had just moved into my former position.
I believe that I was laid off because there was no justification to fire me. But I haven't been told when I can return to work and I don't think I will ever get a call to return.
I think the main reason I was laid off was simply because my boss and this guy were good friends. And that isn't fair. The chances of my finding another job in my particular field are pretty slim; I think it is going to take a while??"or maybe never. As you probably know, California car dealerships are going out of business??"my prospects aren't good. In fact I'm looking at switching careers; I'm thinking about computer design or construction of some sort but my automotive days are likely over.
I want to file a complaint against my former employer so he won't be able to do this again, to somebody else. This company is huge so I am sure their lawyers research and advise them on how to get rid of employees without any recriminations. And that isn't right??"even in these times."
Sean has family with 2 young kids to support so this lay-off has been devastating. He has never been laid off or fired in his life. "I've never been in this situation before??"I filed for unemployment and it is really hard to take," says Sean."I understand times are tough but a few months back they just changed my pay from salary plus commission to an hourly rate which gave me a substantial pay cut, but I still did my job regardless," says Sean. "Getting a reduction in pay was bad enough??"for the last 3 months I got about $600 per month less than my regular salary. Overtime wasn't allowed so I was just working an 8-hour day. When I was on salary, it was the same schedule; nothing changed in my job description. And my pay reduction happened right before my father passed away so it's been rough.
I more or less resigned myself to the fact that I had to live with this cut in pay, but when I was laid off my position was filled from someone inside the company with less seniority than me, and that wasn't right. I called my ex-boss and asked why; in all my yearly reviews I got perfect scores and was always told I was doing a great job.
He said that 'I was not going above and beyond my call of duty'. I didn't know what else to say to him except 'Thank you'.
The only thing that changed from my salary to hourly position was that we had 4 people in the department and the business opened a wholesale division, which meant one of my guys moved into the wholesale store, leaving me short-staffed. The guy who moved was also 'buddies' with my boss so when they laid me off, the next day he was back at our store. And the day after I was 'laid off' I got a lot of phone calls from co-workers and suppliers I dealt with telling me the news--that he had just moved into my former position.
I believe that I was laid off because there was no justification to fire me. But I haven't been told when I can return to work and I don't think I will ever get a call to return.
I think the main reason I was laid off was simply because my boss and this guy were good friends. And that isn't fair. The chances of my finding another job in my particular field are pretty slim; I think it is going to take a while??"or maybe never. As you probably know, California car dealerships are going out of business??"my prospects aren't good. In fact I'm looking at switching careers; I'm thinking about computer design or construction of some sort but my automotive days are likely over.
I want to file a complaint against my former employer so he won't be able to do this again, to somebody else. This company is huge so I am sure their lawyers research and advise them on how to get rid of employees without any recriminations. And that isn't right??"even in these times."
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