United States

Selection order for dismissals and layoffs in detail

There is no statutory selection order for dismissals under US law.

However, if a collective bargaining agreement (‘CBA’) exists between the employer and a unionised workforce, dismissals must be made in accordance with the terms of the CBA. 

Note that federal law prohibits employers from taking adverse action against employees on the basis of sex, race, age (over 40), disability, colour, national origin, and religion, and specific state laws may have their own additional protected classes. Consequently, when conducting dismissals of employees, employers must be careful to ensure that that the pool of workers whose contracts are being terminated cannot be construed as targeting a specific protected class. 

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Author: FordHarrison 

Date: July 2019

 

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