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?

UPDATED: Jul 6, 2015

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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


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

Answered 7 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.

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.

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