Was laid of but company is hiring

UPDATED: Sep 30, 2022

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Was laid of but company is hiring

I was laid off and about two weeks later the put up a ‘Now Hiring’ sign. The

reason I was given was that business is slow. I have tried to contact the human

resource person and they did not return my call. Is there anything I can do?

Asked on September 19, 2016 under Employment Labor Law, Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Does this action violate the terms of any exisiting employment contract or union agreement? Does it constitute some form of legally actionable discrimination which would be based on your race, religion, disability, age (over 40), etc. (which you did not indicate)? If not, then while seemingly unfair, your employer's action is legal. The fact is that in an "at will" employment setting, a company can set the conditions of the workplace much as it sees fit. This includes who to layoff, why and whether to hire them back.

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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