What is Pretextual Restructuring in Employment Discrimination Cases?

Were you recently laid off from your job because your employer made a decision to restructure or undergo a reduction in force (RIF)? While there are many legitimate business reasons for a company to decide to restructure or to eliminate certain positions — such as financial issues, bankruptcy, or plans for a merger or acquisition — restructuring and RIFs can also be pretextual and unlawful. In other words, an employer might say that they are restructuring or reducing the workforce but doing so in order to unlawfully eliminate a certain type of employee for reasons based in discrimination.

If you have any reason to suspect that you were terminated as part of a pretextual restructuring or RIF, it is important to seek legal advice as soon as you can. Our South Florida wrongful termination attorneys can explain in more detail below, and we can discuss the details of your case with you today.

Understanding “Pretext” and Pretextual Restructurings or Reductions in Force 

What does “pretext” mean? According to Merriam-Webster, it means “a purpose or motive alleged or an appearance assumed in order to cloak the real intention or state of affairs.” For example, you might have heard of a “pretextual traffic stop.” This is a stop where the police pull over a driver with the pretext of something minor like a broken tail light or failing to use a turn signal. However, they are actually stopping the driver because they believe the driver committed a much more serious offense but they do not have enough evidence to stop the driver for the more serious offense. A pretextual restructuring or reduction in force can be understood in relation to the pretextual stop.

Pretextual restructurings or reductions in force happen when an employer wants to get rid of employees for an unlawful reason, but they need a lawful pretextual reason to do so. For example, an employer might want to hire younger people but to do so, they might need to terminate a group of older employees. Or, for example, an employer might have heard that customers or clients are unhappy dealing with female employees or employees wearing certain religious clothing items, and so the employer might terminate female or Muslim employees, for example, under the pretext of a reduction in force or restructuring.

If you were terminated in a restructure or reduction of force and you believe it was a pretextual one, you should seek legal advice as soon as you can.

Contact a Palm Beach Gardens Wrongful Termination Attorney for Help with Your Discrimination Claim

If you were recently subject to termination due to your employer’s “restructuring” or “reduction in force” but you suspect you were unlawfully discriminated against by your employer, you should seek legal advice as soon as possible. As we discussed above, pretextual restructuring or reductions in force, when they are done in order to bring in a group of younger employees or employees of a different sex, race, gender, religion, or similar, are unlawful. Any employee who has been wrongfully terminated in this type of circumstance should find out about filing a wrongful termination claim and seeking a remedy that may include reinstatement, back pay, and more.

One of the experienced Palm Beach Gardens wrongful termination lawyers at Sconzo Law Office can discuss your case and your options with you today. Contact us for additional information and to begin working on the details of your wrongful termination claim.

Sources:

dol.gov/sites/dolgov/files/ETA/Layoff/pdfs/WorkerWARN2003.pdf

eeoc.gov/youth/what-laws-does-eeoc-enforce

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760ContentsIndex.html