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

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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

Answers:

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

Answered 3 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.


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