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I've never heard of a termination based on individual performance being called a layoff. In fact, I'm fairly certain it's defined as a termination due to factor

gamblor956 7y ago
I've never heard of a termination based on individual performance being called a layoff. In fact, I'm fairly certain it's defined as a termination due to factors outside the employee's control. A layoff is when the position itself no longer exists due to downsizing, restructuring, etc. You admit that you're not a lawyer, and then continue to argue about the meaning of terms which have defined legal consequences? Your colloquial understanding of what "layoff" means is just that--a colloquial but not correct understanding. A layoff is legally just a not-for-cause termination of an employee by the employer. Down-sizing is a type of termination (and a type of layoff) which usually has additional legal requirements and consequences (mostly for the company). Being terminated due to poor performance or a bad fit is not a layoff, by any standard I've heard of, and some brief googling seems to support that. Cites needed. HR and legal sites only. You might be confusing the Canadian and EU sites that pop up as the first results as authorities on US law, which is very different. (Note: Canada does define "layoff" and "termination" to mean different things. The US does not.) Terminating an employee for being a bad fit and calling it a layoff would almost certainly invite legal action. Literally anything can invite legal action in the US. But terminating an employee for being a bad fit is precisely within the meaning of "layoff" and would not result in a successful legal action by the terminated employee. But I'm no lawyer, so if you've got a source backing up the claim, I'd love to see it and be enlightened. I charge $600/hour, if you want cites, however, Google is free if you remember to limit yourself to US sites. This ADP article (https://www.adp.com/spark/articles/2018/09/firing-employees-vs-laying-them-off-making-the-difficult-decisions.aspx https://www.adp.com/spark/articles/2018/09/firing-employees-...) confusingly notes the difference between the two from a non-legal/non-HR perspective intended for layman employers.

gamblor956 7y ago

I've never heard of a termination based on individual performance being called a layoff. In fact, I'm fairly certain it's defined as a termination due to factors outside the employee's control. A layoff is when the position itself no longer exists due to downsizing, restructuring, etc. You admit that you're not a lawyer, and then continue to argue about the meaning of terms which have defined legal consequences? Your colloquial understanding of what "layoff" means is just that--a colloquial but not correct understanding. A layoff is legally just a not-for-cause termination of an employee by the employer. Down-sizing is a type of termination (and a type of layoff) which usually has additional legal requirements and consequences (mostly for the company). Being terminated due to poor performance or a bad fit is not a layoff, by any standard I've heard of, and some brief googling seems to support that. Cites needed. HR and legal sites only. You might be confusing the Canadian and EU sites that pop up as the first results as authorities on US law, which is very different. (Note: Canada does define "layoff" and "termination" to mean different things. The US does not.) Terminating an employee for being a bad fit and calling it a layoff would almost certainly invite legal action. Literally anything can invite legal action in the US. But terminating an employee for being a bad fit is precisely within the meaning of "layoff" and would not result in a successful legal action by the terminated employee. But I'm no lawyer, so if you've got a source backing up the claim, I'd love to see it and be enlightened. I charge $600/hour, if you want cites, however, Google is free if you remember to limit yourself to US sites. This ADP article (https://www.adp.com/spark/articles/2018/09/firing-employees-vs-laying-them-off-making-the-difficult-decisions.aspx https://www.adp.com/spark/articles/2018/09/firing-employees-...) confusingly notes the difference between the two from a non-legal/non-HR perspective intended for layman employers.