Is it legal to lay someone off and rehire another person with a lot less time who was laid off 3 weeks prior?

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Is it legal to lay someone off and rehire another person with a lot less time who was laid off 3 weeks prior?

Asked on February 1, 2012 under Employment Labor Law, District of Columbia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The law does not respect seniority--that is, the law itself does not require an employer to hire or retain more-experienced employees. Unless there is an employment contract, including a union agreement, setting out seniority rights, an employer is free to decide for itself who to hire and who to terminate, so long as it does not discriminate on the basis of sex, race, religion, disability, or age over 40.


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