If I was laid off from my job what are my rights to re-hire for the same position in a different state?

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If I was laid off from my job what are my rights to re-hire for the same position in a different state?

I was laid off from my job 4 month ago due to the office closing. I have been looking for work in MA and right now live in NC. I found a job with the same company, same position so I applied. I was asked to send in my resume and 2 days later was told I did not qualify for lack of experience. I have 15 years of experience in this field. I was told that displaced associates had precedence in these circumstances. Can they do this?

Asked on July 11, 2011 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately for you, you probably due not have any rights to be rehired in this case, except possibly as below.

As a general matter, companies have essentially total discretion over hiring: they can set the criteria for hiring (e.g. qualifications, experience) and, even among qualified candiates, freely chose who to hire--or who not to hire--based on any criteria or reason, including simple hiring manager preference for one person or another.

The exception is that employers may *not* discriminate against certain protected categories in hiring or employment. Among these categories are race, religion, sex, disability, and--probably more important for you--age over 40. If you are over 40, and you believe the company may have refused to hire you because of your age (e.g. because with your age and experience, you'd likely want or deserve more money), then you might have an age discrimination claim.


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