Thread regarding Optum layoffs

Is this legal?

My role was eliminated in the last RIF wave with a term date of 2/6. I was told it was due to cost pressures and not performance as I have always had high performance ratings but did unfortunately need a couple medical leaves last year. However, LESS than 20 calendar days later, my exact role was posted internally at one grade level lower. I still had my work laptop in my possession and hadn't received my severance check. The role is now posted externally. Is this even legal? I'm wondering if I have a case to call employee relations due to retaliation.

Please be kind in your responses, this is traumatic enough.


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| 81 views | | 12 replies (last March 12) | Reply
Post ID: @OP+1kkby80sm

12 replies (most recent on top)

@OP completely legal. Your job was eliminated. New one is posted.. business and life is harsh, believe in yourself, get strength from God, family and friends and keep your head up. Sometimes life's hard

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Post ID: @h3+1kkby80sm

What do you think is illegal about it?

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Post ID: @fw+1kkby80sm

As long as they change the job it’s legal. In this case it’s downgraded and they would say less responsibility.

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Post ID: @ef+1kkby80sm

Remember that going to an internal department like “Employee Relations” or HR is not going to help. They are there to protect the company, NOT the employees

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Post ID: @dq+1kkby80sm

It depends, but on the face of it, it is probably legal as others have said. One question though, what is the retaliation aspect of it? Meaning did you allege something formally with HR while you were still employed? Employment lawyers will give you a feee consultation in most cases. And the vast majority of them won't take you as a client if they don't think you have a case. That's just step 1. It's a long road from getting a lawyer, contacting the company, and ever seeing any sort of settlement.

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Post ID: @cc+1kkby80sm

A major defense plant did this years ago. Laid of >300 mid to senior level engineers.
Three months later all positions posted as entry level. They all do it.
We were going to fight this but after exploring we decided to move on. These companies will push it forward years and years and we just didn't have it in us.

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Post ID: @c0+1kkby80sm

This is happening at major banks too. Basically the MBAs have gotten boards to agree: "Ai bro, just AI BRO. BRO, AI." And the boards determine that your job is worth far less as they genuinely think AI will do a lot of your tasks.

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Post ID: @av+1kkby80sm

Do bears sh-t in the woods? This company does illegal sh-t every day

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Post ID: @af+1kkby80sm

Depends on your state. In most of our HQ-oriented jurisdictions you are basically at-will. They can fire you at any time and unless you can prove discrimination you are just done.

The legal factor working against you is it is not the "same" job. If it is a grade lower its very likely the salary band is much lower too. Laying off versus giving a pay decrease is actually the more legally sound approach in any context I am aware of.

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Post ID: @ae+1kkby80sm

@OP Sorry for what you are going through, I was let go right before Thanksgiving, it's not a great feeling. Your exact situation may have happened to me.

I am no lawyer, but I have seen this happen enough, and not just at Optum, to tell you that it's most likely legal, or at least 'fuzzy' enough as to make it functionally impossible for you to do anything.

Basically by changing the grade level of the position on offer, it's not 'the same position'.

And unless you have a contractual agreement that says otherwise, as an 'at will' employee they can let you go, and hire someone else right back.

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Post ID: @ac+1kkby80sm

@OP - call a couple employment lawyers ASAP! This way you will know if you have a case. Best!

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Post ID: @a2+1kkby80sm

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