If I was recently laid off but there were similar positions available that were not offered to me or other employees that were let go, is that legal?

I was told that my position was no longer available due to corporate budget cuts along with another 20 employees such as myself. They had a similar position that they are actively offering on there website and they also told me that I can re-apply if I would like. I was working that new position for about a month before I was let go. Is this something that I can take action on?

Asked on January 17, 2018 under Employment Labor Law, Florida


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

Answered 2 years ago | Contributor

Your former employer was under no obligation to offer you a similar position unless it was required to do so under the terms of an employment contract or union agreement. The fact is that a company can set the conditions of the workplace much as it sees fit absent some form of legally actionable discrimination (i.e. for reasons due to race, religion, gender, disability, age (over 40), nationality, etc.).

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