Being laidoff due to “lack of work” and then company hiring new person for same position within 2 weeks of my layoff.

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Being laidoff due to “lack of work” and then company hiring new person for same position within 2 weeks of my layoff.

I did new home sales for a home builder for 3yrs and was laid off in April due to lack of work b/c the community I was covering sold out,which isn’t shocking with the real esate market.Shocking though b/c someone in my same position quit day before,so there was a place open in another community.I wasn’t hired to work a specific community,but instead where ever needed.I was one of the highest paid in my position.Then 2wks later they rehired a lady into my same position for a nearby community.How is it lack of work, when a position was open?Do I have a case for unlawful termination?

Asked on May 23, 2009 under Employment Labor Law, Tennessee

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An at will employee like your self can be fire for good bad or no reason at all.  However, federal and state law prohibit termination of employees for reasons that are motivated by race, age, gender or religious grounds.  Your situation seems like the company wanted to get rid of someone that was being paid a lot to free up cash flow and pay someone less to do the same job.  this unfortunately happens a lot, especially in this market.  Unless you believe there were discriminatory reasons for yout firing, then i do not think you have a good case that is worth spending money on.


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