What to do if I was “temporarily laid off” 1 1/2 years ago and now my employer has given my position to another employee without notifying me?
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What to do if I was “temporarily laid off” 1 1/2 years ago and now my employer has given my position to another employee without notifying me?
I was laid off due to the economy 1 1/2 years ago, my employer stated he hated it and would do his best to get me back in asap. In the process of his speech, he told me that I had a target on my back. Someone in the office didn’t like me. I was office manager but the billing manager wanted the position. Found out today she is now office manager, promoted Friday. I wasn’t notified or contacted for my position back. Is there a law that would protect me from this situation? She made more money than me when I was laid off and I’m sure she has received another raise.
Asked on August 22, 2011 North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately there isn't any legal protection for you on this. You employer was under no obligation to re-hire you. Unless of course you had an employment contract that governed this situation, or there was some company policy contrary to the way in which your situation was handled, or there was a union agreement to the contrary. Additionally, if any actionable form of discrimination was a factor in this matter you would have a claim. However, you did not indicate any of the foregoing to be the case.
By way of background, most employment arrangements are what is known as "at will". Accordingly, an employee can choose to work for a certain employer or not. In turn, an employer can hire or fire as it sees fit, as well as dictate the the terms and conditions of employment as it deems necessary (subject to the above; empolyment contract, etc). Therefore, an employer can terminate and refuse to rehire a given employee for any reason or even no reason.
Bottom line, I'm afraid that legally you have no rights to return to your former place of employment or to sue for any type of damages.
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