It is not illegal per se for an employer to have two employees decide who should be laid off in that in the context of your broad question, this happens all the time in business. For example, many times a supervisor of an employee will meet with his or her supervisor to discuss the performance of an employee and make recommendations or the final decision to promote or fire a particular employee.Consequently, in the context of your question where no specific facts have been stated forming it, it is not illegal for an employer to have two (2) employees choose who is to be laid off at the business especiallyif they are in a supervisory position.