Is my former employer obligated to offer my position after a layoff?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption