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?

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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 11 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.


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