QUESTION
Was I really improperly laid off from my most recent employer? Can a commissioned auto salesperson be laid off properly since they are "commision only
Asked on Dec 12th, 2011 on Labor and Employment - Ohio
More details to this question:
Six days ago, I was laid off from my employer(an Ohio Auto Dealership).While my General Manager and Sales Manager were speaking with me in a private room,they claimed that the management team had decided that there needed to be a reduction in force. Yet, when I asked why I was the only person told to " pack your stuff now ", why wasn''t there anybody else doing so? Also, if there was a reduction in force,shouldn''t have the other 21 salepeople been told to do the same thing. I believe RIF means " complete elimination of jobs or positions ". " Layoff " is when workers are temporarily removed from payroll. Correct? Even after I was told that a total of 6 salespeople were getting laid off,I''ve discovered that only 1 other salesperson was told the same as I was, and a male person in detail was also laid off.
1 ANSWER
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Let's cut to the chase here. Any employer has the right to determine how many employees it needs to do the work it has available. It's no different with an auto dealership. If the dealership owner/management decides it has too many sales personnel for the amount of business it has, the company has a right to reduce the number of salespersons.
While there may be a technical difference between a "reduction in force" and a "lay off" the end result is the same; fewer people.
Answered on Dec 14th, 2011 at 9:06 AM