Is my former employer obligated to offer my position after a layoff?
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Is my former employer obligated to offer my position after a layoff?
I was laid off on good terms but found my exact position open on the company website a month later. Is there a legal obligation to rehire laid off employees or is it just a matter of ethics?
Asked on June 16, 2009 under Business Law, Washington
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There isn't any obligation to re-hire you at all. You wouldn't be asking this question if you were a union worker. So, unless you have a contract with the employer that talks about this, or (very rarely) something in an employee handbook that can be used as a contract, you were an employee at will, meaning the company did not need a reason for the layoff.
Ethics isn't what will get your job back, it's the fact that you've always been a good worker, and you won't need training or time to learn your way around before being productive.
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