If my employer fired me to re-hire an employee that previously held my position, is this an employment practices liability claim?

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If my employer fired me to re-hire an employee that previously held my position, is this an employment practices liability claim?

Asked on September 29, 2015 under Employment Labor Law, New Jersey

Answers:

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

Answered 6 years ago | Contributor

I'm not certain as to what you mean by an employment practices liability claim. However, absent protection under an employment contract, union agreement or company policy, such a job change is legal. Additionally, your treatment cannot have constituted some for of legally actionable discrimination or retalaition.
The fact is that most employment relationships are what is known as "at will". This means that an employer can hire and fire as it chooses, with or without notice.


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