Is it legal for a company to hire someone who did not give a notice but refuse to hire someone that completed half of their 2 week notice?

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Is it legal for a company to hire someone who did not give a notice but refuse to hire someone that completed half of their 2 week notice?

So I worked for this company for 2 years and had to quit halfway through my 2 week notice due to my wife working a better job and I had to stay home with the kids. So now we are split up and I need my old job back but it seems like they will not hire me back because of only working half my notice. However, it makes no sense because they did rehire a woman that did not give any notice at all.

Asked on May 1, 2018 under Employment Labor Law, Kentucky

Answers:

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

Answered 2 years ago | Contributor

The fact is that an employer can set the conditions of employement much as it sees fit; this includes who to hire/re-hire and why. In fact, in an "at will" work arrangement a company can employ who it sees fit (absent some form of legally actionable discrimination). Accordingly, unless your not being re-hired was based on your race, religion, disability, gender, nationality, age (over 40), etc., you have no claim here. 


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