Shouldn’t I be hired back before my employer hires new employees?

UPDATED: Oct 1, 2022

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Shouldn’t I be hired back before my employer hires new employees?

About 3 months ago, I was told that I was being laid off for lack of work but that I’d be hired back when they became busier. I work for a manufactuing company. Then last month, I noticed that they posted multible job openings. When I called them to see when I’d be back they said that they were are still slow. I didn’t mention anything about the job postings I saw. I’ve been there a year and make $18.00/hr. Something about all of this doesnt feel right.

Asked on October 13, 2018 under Employment Labor Law, Rhode Island


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

Answered 4 years ago | Contributor

Does your treatment constitute some form of legally actionable discrimination? In other words, is it based on your natioanality, race, religion, gender, age (over 40) or disability? Does it violate the terms of an employment contract or union agreement? If not, then you are an "at will" worker. This means that your company can set the conditions of the workplace much as it sees fit. This includes when  and who to hire and when nd who to call back to work.

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 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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