Was chosen to be laid-off due to a filing error.

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chasim

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I was recently working for an apartment management company as a maintenance tech. My boss had informed us that the company was considering getting rid of our over-strength (the extra position) because our property had one extra employee. I was informed by my boss that my job was safe and it was going to be either one of the other employees chosen. The most likely one to be chosen was because he was working there for the least amount of time and had the lowest position(over-strength position). And the other possible guy may have been chosen because he was making the most money, he had the worst performance and was caught with alcohol on his breath multiple times with multiple write-ups. Not too long later, I was called into the office and met with my boss, the property manager, and the regional manager. I was informed that I was being laid-off. When I asked why, I was told it was a random throw at the dart board they must have done at the Corporate Office. I expressed that I had been very loyal to the company and had even turned down a job about two weeks prior that would have paid me more because I was loyal, and all they could say was sorry. I did get two weeks of severence pay. Now just recently, I was informed by my former boss that he found out the reason. He said that due to a filing error in the corporate office, even though I was working there for 2.5 years, I was still listed as the over-strength (was the lowest position at the property which I was promoted from over two years prior). So it was supposed to be the other employee, but due to their filing error, I was laid off.

I worked at one of their most expensive properties. It definitely had more than enough income at that property to support my job. Sadly, the company is a greedy one.

Any actions I could take?
 
Unless you were chosen for layoff because of your race, religion, national origin, or other characteristic protected by law, not that I can see. The employer is not required by law to select on the basis of seniority. They may use any criteria they like as long is it does not violate Federal, state or local discrimination laws. The fact that you were selected due to a clerical error is unfortunate but does not provide you with legal recourse.
 
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