Was I Discriminated Against in a Corporate Restructuring?

Corporate restructuring is a common process in many companies, often driven by factors like economic downturns, mergers, acquisitions, or efforts to improve efficiency. While restructuring is a legitimate business practice, it can sometimes lead to workplace discrimination or wrongful termination. If you were let go or treated unfairly during a corporate restructuring, you may be wondering if you were discriminated against, especially if you believe that factors like age, race, gender, or disability played a role in the decision.

Understanding your rights and knowing how to determine whether discrimination occurred during a corporate restructuring is essential. Here’s a closer look at how to identify whether you were the victim of wrongful termination or discrimination during a restructuring process and how to take action.

What is Corporate Restructuring?

Corporate restructuring involves reorganizing the structure of a company to improve its performance, streamline operations, or respond to changing market conditions. This process may include downsizing, layoffs, departmental reorganizations, or the elimination of positions. While some restructuring efforts are legitimate and designed to benefit the business, others may result in unlawful workplace discrimination or wrongful termination.

Was the Restructuring Legitimate?

One of the first things to consider when assessing whether you were discriminated against in a restructuring is whether the company’s actions were legitimate. A genuine restructuring typically involves business needs such as financial instability, operational inefficiencies, or the need for workforce optimization. However, sometimes restructuring is used as a cover for discriminatory practices.

Some red flags that may suggest the restructuring was not legitimate include:

• Targeted Layoffs: If only certain employees or groups of employees were let go, particularly if they share a common characteristic (age, race, gender, etc.), this could be a sign of discrimination.
• Forced Retirement: In some cases, employees may be forced into early retirement as part of a restructuring effort. If you feel that your age was a factor in this decision, it may constitute age discrimination.
• Lack of Transparency: If the company fails to explain or justify the reason for your termination or job elimination clearly, it may be worth investigating further.

If you believe the restructuring process disproportionately impacted you based on protected characteristics, such as age, race, gender, or disability, you may have grounds to claim workplace discrimination.

Can I Tell if a Restructuring Was Legitimate?

It can sometimes be difficult to tell if a business restructuring was legitimate or if it was merely a cover for discrimination. To evaluate whether the restructuring was genuine or discriminatory, consider these factors:

• Consistency: Did the company follow a consistent process when deciding who was laid off or whose position was eliminated? If not, it could indicate discrimination.
• Job Performance: Were you laid off despite having strong job performance? If other employees with poorer performance were retained, this could be a sign that discriminatory motives played a role.
• Documentation: Does the company have a record of the reasons behind the restructuring, such as financial reports or business needs? Lack of documentation may be a cause for concern.

If you suspect that the restructuring was used to target specific groups or individuals, consulting with a New York wrongful termination lawyer can help you assess the situation.

How Do I Prove I Was Targeted During a Restructuring?

Proving that you were unfairly targeted or discriminated against during a corporate restructuring requires evidence. Here are some important steps to take:

1. Document Everything: Keep a detailed record of any communications, meetings, or actions that could suggest discrimination. Note if your employer made comments related to your protected characteristics or if you were given a less favorable treatment compared to others.
2. Compare Treatment: If possible, compare how other employees were treated in the same restructuring process. Were others with similar qualifications, performance, or tenure treated differently? This could indicate that discrimination was a factor in the decision.
3. Review the Severance Agreement: If you were offered a severance agreement, carefully review the terms. Be cautious of any provisions that may limit your ability to take legal action, such as non-compete clauses or confidentiality agreements that could suppress your right to challenge your termination.
4. Look for Patterns: If you suspect that the restructuring disproportionately impacted certain groups (e.g., older employees or employees from a specific racial background), you may have grounds for a workplace discrimination claim. Document these patterns to support your case.
5. Consult with a Lawyer: A wrongful termination lawyer or ethnic discrimination lawyer can help you assess the strength of your case. They can guide you through the legal process, assist with gathering evidence, and help you determine whether you have a viable discrimination or wrongful termination claim.

What Should I Do if I Believe I Was Discriminated Against?

If you believe that your termination during a restructuring was due to discriminatory motives, here are your next steps:

1. Report the Discrimination: Report the issue to your human resources department or file a formal complaint with your employer, if possible. This gives the company an opportunity to address the issue internally.
2. File a Charge with the EEOC or NYSDHR: If your employer does not take action or you are dissatisfied with their response, you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR).
3. Consider Legal Action: If the issue is not resolved to your satisfaction, or if you are retaliated against for filing a complaint, you may consider pursuing a wrongful termination lawsuit or a discrimination lawsuit in court. A lawyer can help you navigate this process.

Protect Your Rights

While corporate restructuring is a common and often necessary business practice, it can sometimes lead to workplace discrimination or wrongful termination. If you feel that you were unfairly targeted or discriminated against during a restructuring—whether through forced retirement, layoffs, or a hostile work environment—it’s important to understand your rights and seek legal counsel. An experienced wrongful termination lawyer or New York wrongful termination lawyer can help you investigate your situation, gather the necessary evidence, and determine the best course of action.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees. If you are experiencing discrimination, harassment or retaliation in the workplace, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.