What is my recourse if I feel that I was treated unfairly regarding my termination?

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What is my recourse if I feel that I was treated unfairly regarding my termination?

I was laid off after 14 years of hard work. I then saw an ad for my job. I responded to the ad and called HR, however, I was told that I was ineligible for rehire. Someone less qualified than me is getting my job. I feel discriminated against. Another guy got arrested for drugs and is also a sexual offender but he still has his job. Is this illegal to not rehire me or just blow me off?

Asked on June 28, 2015 under Employment Labor Law, Connecticut

Answers:

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

Answered 8 years ago | Contributor

I'm afraid that based on the facts presented this is not a case of wrongful termination. What most workers don't understand is that they do not have to be treated equally or even fairly. The fact is that it is perfectly legal to give one employee more favorable treatment than another, so long as the treatment does not violate existing company policy, an employment contract, or union agreement, etc.

Additionally, such differing treatment must not be the result of discrimination. Consequently, if you were given less favorable treatment due to your status in a legally protected class, that would be against the law. For example, if you were treated differenently based on your being in a protected class, that is one based on a your inclusion in a group due to your race, religion, gender, age, disability, sexual orientation, national origin, etc.

Bottom line, in most instances, an employer can hire/fire, promote,demote, etc. much as it sees fit.


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.

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