If I was let go from a company 9 months ago because my job was being eliminated due to sales redundancy, can they now hire a replacement?

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If I was let go from a company 9 months ago because my job was being eliminated due to sales redundancy, can they now hire a replacement?

I was offered a separation package and accepted. The company is now looking to hire a new outside sales person. Is that legal? I thought that they had to wait a year before making a new hire.

Asked on July 6, 2015 under Employment Labor Law, Wisconsin

Answers:

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

Answered 5 years ago | Contributor

I'm not familiar with any 1-year rule regarding making a new hire under these circumstances. The fact is that in an at will employment, and most work relationships are, an employer can set the terms and conditons od employment much as it sees fit. This includes who to hire and fire, and when.

The above holds true so long as an employer's actions do not constitute legally actionable discrimination, or violate the terms of exisiting company policy, an employment contract, union/collective bargaining agreement.

For state specific information, you can contact your state's department of labor.


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