if an employee is laid off during slow period with promise of rehire but doesn’t get called back. Is that actionable?

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if an employee is laid off during slow period with promise of rehire but doesn’t get called back. Is that actionable?

I was one of two Chefs at this restaurant in New Jersey. The summer time is traditionally slow so I agreed to be laid off until this period was over and I would be rehired. I was not called back. Is this actionable? I collected unemployment from 6/5/2016 until 11/25/2016 I was notified that my benefit had been exhausted.

Asked on December 10, 2016 under Employment Labor Law, New Jersey

Answers:

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

Answered 4 years ago | Contributor

Unless this action violated the terms of any applicable union agreement or employment contract or constitutes some form of legally actionable discrimination/retaliation (which you did not indicate), it is perfectly permissable under the law. The fact is that most employment is "at will", so a business can set the conditions of employment much as it sees fit. This includes who to lay off and whether or no to re-hire them.


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