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

UPDATED: Jul 11, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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.

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