If I was laid off due to budget cutsand my position has since been reactivated, what are my rights ifI applied but did not get an interview?

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If I was laid off due to budget cutsand my position has since been reactivated, what are my rights ifI applied but did not get an interview?

I worked at a hospital and was laid off over a year ago. I never had any problems at work. I was an exemplary employee. No write-ups issued. I was told when I was laid off that they would hire me back anytime. I was an excellent hard worker. They said they hated to let me go. I have since applied for several positions within the hospital and their sister hospitals and I can’t even get an interview. My position was actually posted and when I inquired about it I was told that they were going to give it to someone within the hospital already. Someone that already has a job. I am still unemployed and feel that I am being blackballed.

Asked on August 24, 2011 Florida

Answers:

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

Answered 10 years ago | Contributor

Unfortunately your former employer was under no duty to re-hire you. Unless you had an employment contract that mandated you be given your old job back, or there was some company policy contrary to the way in which your situation was handled, or there was a union agreement requiring your re-hire. Further, if any actionable form of discrimination was a factor in this matter you would have a claim. However, you did not indicate any of this to be the case. 

The fact is that the majority of employment relationships are "at will". This means that an employee can choose whether or not to work for a certain employer. In turn, (subject to the above regarding employment contracts, etc) an employer can hire or fire and dictate the the terms and conditions of employment as it deems fit. Therefore, an employer can terminate and refuse to rehire a given employee for any reason or no reason at all.


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