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Job Eliminated after Acquisition

Discussion in 'Human Resources' started by MamaToSon, Aug 24, 2021.

  1. MamaToSon

    MamaToSon Law Topic Starter New Member

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    My position and 3 others on my team were eliminated after my company was bought out. Me and 3 others are getting laid off effective 10.15.21, they are keeping 3 people on the team. We are getting a retention bonus and severance if we stay on until then but the company just implemented a mandatory vaccine policy effective 10.01.21. Those not vaccinated will be terminated. My first question is can they legally enforce this on us being that we are getting let go anyways and use this as a reason not to give us our retention/severance?

    There are also people on the team remaining that are not vaccinated that may leave because they dont want to get vaccinated. Can the company legally rescind the layoffs of those that are vaccinated and make them stay now and not give them the retention/severance if they choose not to stay? We've only received our separation letters, nothing has been signed yet. The company isnt requiring it be returned until the end of Sept.
     
  2. Zigner

    Zigner Well-Known Member

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    Yes
     
  3. Redemptionman

    Redemptionman Active Member

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    Yes, FDA approval on vaccine makes enforcement possible. No way out, if you don't want the vaccine then leave before you have to take the jab.
     
  4. army judge

    army judge Super Moderator

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    You have a choice, not a mandate.
    You an get vaxxed and get money.

    You can refuse to get vaxxed and get axed.

    Choose wisely, mate.

    The company is free to do many things.

    The company is free to follow the first decision.

    As my grandfather was fond of saying, "If you ain't got no pull, you gotta eat lots of bull!"
     
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Yes.

    This question is sort of hard to answer because of the way you wrote it. But yes, they can rescind the layoff. But no, they can't make them stay.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Unless you have a contract of employment (including a collective bargaining agreement between your employer and a labor union of which you're a member), you're not owed any retention/severance and are subject to termination at any time. So...yes.

    Yes.

    No. Slavery and involuntary servitude have been illegal for nearly 160 years.

    Yes (see above).
     
  7. retic

    retic Member

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    This isn't so much a legal question as an economic cost/benefit analysis question.

    Get the vaccine = stay employed for another two weeks + receive severance + retain eligibility for unemployment.

    Don't get the vaccine = get let go early + no severance + potentially lose eligibility for unemployment.

    That said, there are jobs going begging right now so you might be able to pick something up in the next few weeks, though now that the FDA has approved a vaccine a lot more employers are mandating it.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Courts are already upholding mandatory vaccinations. Three that I read about recently. Probably more that I don't know about and likely many more to come.
     
  9. Tax Counsel

    Tax Counsel Well-Known Member

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    Yes. The company does not have to give you a severance and when it does provide one, you get it on the terms the company sets for it.

    The company can't force anyone to stay. But the company can say its rescinds the layoff and you can stay in the job if you get vaccinated. If you don't get vaccinated, the company can fire you and not give you the severance.

    The covid-19 vaccinations have proven to be quite safe and pretty effective, too. And as time goes on more and more places are going to require vaccinations to get jobs, go to restaurants, theaters, etc., and do lots of other things. It's your choice whether to get it, but I don't see any downside to getting it, and a lot inconveniences for those who don't get it.
     
    justblue likes this.

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