If Iwas laid off and have been called back, am I entitled to my same pay and benefits or am I now considered to be a new employee?

Get Legal Help Today

 Secured with SHA-256 Encryption

If Iwas laid off and have been called back, am I entitled to my same pay and benefits or am I now considered to be a new employee?

Asked on April 5, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is up to your employer. The law does not require an employer to honor or respect an re-hired employee's former experience or seniority when bringing him or her back--the employer could elect to treat him or her as a new hire.If there is any union or other contract addressing seniority, however, its terms are enforceable.

Also, if you did not have an employment contract (including a union agreement), you are an employee at will; if you are an employee at will, your employer could reduce your benefits and pay at any time it choose--even if you had not been laid off and called back, but rather had been employed on a continuous basis.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption