What are my rights if I was laid off but now I see an ad for my position?

Is this legal?

Asked on December 14, 2015 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Did you have an employment contract or was there a union agreement or company policy to the contrary? Was your termination and/or non-rehire due to any form of actionable discrimination or retaliation? If not, then as an "at will" employee, you have no claim here. The fact is that an employer can hire and fire much as it sees fit or deems necessary.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is, unfortunately, perfectly legal: there is no law saying that an employer may not lay off an employee, then advertise to fill his or her position. If you'd had an employment contract which was violated, then you may have a claim based on breach of contract. Or if you believe (and think there's evidence) that you were targetted due to your age over 40, race, sex, disability, or religion, you may have an employment discrimination case. Otherwise, though, they can do this.


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