Questionable firing

[thug the bunny]

My company in general, and my facility in particular, has become very adversarial towards its employees every since a new CEO stepped in 4 yrs ago. At my facility, out of a workforce of about 30 people, they have fired/let go about 12 in the last 3 years.They have also been selectively cracking down on breaches of policy and procedure, supposedly to build a case against you if they decide you're next. ALL of the people they have let go have been experienced and older and earning a relatively high salary. Meanwhile, they have been hiring only cheap twenty-somethings straight out of school.

 

I know this is not ethical, but is it legal? How can we build a case against these DBs?

[esketores]

I'm seeing a similar occurrence where I work. But they have used the lawyers to make it "all right". "Reorganization" is the relevant terminology.
My boss was let go last week. I'm now among the highest paid in my Department. And 60 years old. I can see the handwriting on the wall.

[bub72ck]

[quote name='thug the bunny' timestamp='1397067104' post='9055347']
My company in general, and my facility in particular, has become very adversarial towards its employees every since a new CEO stepped in 4 yrs ago. At my facility, out of a workforce of about 30 people, they have fired/let go about 12 in the last 3 years.They have also been [b]selectively cracking down[/b] on breaches of policy and procedure, supposedly to build a case against you if they decide you're next. ALL of the people they have let go have been experienced and older and earning a relatively high salary. Meanwhile, they have been hiring only cheap twenty-somethings straight out of school.

I know this is not ethical, but is it legal? How can we build a case against these DBs?
[/quote]

Discrimination is key. The rules and policies have to be the same for all employees. If they crack down on one they should crack down on all. If you company has an employee handbook it's rules and guidelines should dictate how every situation is handled. It would be very difficult for one group of people (older or higher paid or whatever) to be the only ones to break rules. That's where Employment Practices Liability suits come into play.

My opinion is coming from and insurance and risk management POV not a legal one.

[Hit em good]

There could be legal issues if they treat someone more harshly than they do other(s) in a similar situation, and if the one being treated more harshly is in a protected class, ie; race, religion, age, disability, etc... That's the just of it.
FYI, I'm an SPHR, certified HR professional.

[SmiterOfPv1x]

I know I'm late to the party, so hopefully this situation is resolved for you. The biggest piece of advice I can give anyone, whether you're the employee or the employer, is to keep very detailed notes of what is going on. Being in court and saying "they picked on Bob and then fired him, even though he didn't do anything wrong" isn't going to cut the legal mustard. Being able to say on "this, this, this , and this date they did this, this , and this". Detailed notes. Very important for both sides.