Q: Are there laws requiring companies to list terminations correctly if outsourcing positions?
recently a hospital has taken its IT staff and changed them to another organization. One team had to train staff in another country and once this was done, they were terminated once the training was completed and then on their terminations, it listed the reason as downsizing instead of outsourcing.
A:
In New York, there are no specific laws that mandate how a company must list the reasons for termination on employment records, particularly in the context of outsourcing. However, there are laws that require employers to provide truthful information about the reasons for termination. If an employer lists 'downsizing' as the reason for termination when the true reason was outsourcing, this could potentially be challenged, especially if it impacts the employees' rights or benefits. For instance, the way a termination is characterized can affect eligibility for unemployment benefits.
Employees who believe they have been misrepresented or treated unfairly in their termination might have grounds for a legal claim, depending on the circumstances. It's also worth noting that companies must adhere to the terms of any employment contracts or collective bargaining agreements, if applicable. Employees affected by such situations should consider seeking legal advice to understand their rights and explore potential remedies. An attorney can provide specific guidance based on the details of the case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
