If I was laid off over 4 months ago and they are recalling me, am I entitled to my benefits being reinstated?

UPDATED: Sep 30, 2022

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If I was laid off over 4 months ago and they are recalling me, am I entitled to my benefits being reinstated?

They are offering my pay scale but say I’m not entitled to my vacation and sick benefits. I had 2 weeks vacation and they are offering only 1 and I have to earn back my time 3 years for my 2 weeks back.

Asked on October 19, 2016 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you do not have any "entitlement" to your benefits being reinstated, unless there is some written employment contract or union agreement covering this situation, saying that your benefits are to be reinstated. Otherwise, if you are laid off and rehired, your employer can freely determine what benefits to offer you and whether to honor or respect anything accrued pre-layout. Employment is employment at will when there is no written contract, which among other things, means that the employer determines benefits when hiring (or rehiring).

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