Can a employer hire someone when you where laid off just 6 month prior?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a employer hire someone when you where laid off just 6 month prior?
Asked on September 17, 2015 under Employment Labor Law, Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no legal obligation for an employer to re-hire an employee who has been laid off before hiring a replacement for their position. The fact is that most employment relationships are what is known as "at will". This means that an employer can hire and fire much as it sees fit.
Therefore, unless you had protection under a union agreement, employment contract or even company policy, you don't appear to have a case. Also, if some form of employment discrimnation or retaliation was a factor in your treatment, then your employer's action may be actionable. Other than that, I'm afraid that there really isn't much you can do.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.