Being laidoff due to “lack of work” and then company hiring new person for same position within 2 weeks of my layoff.

UPDATED: May 23, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 23, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Being laidoff due to “lack of work” and then company hiring new person for same position within 2 weeks of my layoff.

I did new home sales for a home builder for 3yrs and was laid off in April due to lack of work b/c the community I was covering sold out,which isn’t shocking with the real esate market.Shocking though b/c someone in my same position quit day before,so there was a place open in another community.I wasn’t hired to work a specific community,but instead where ever needed.I was one of the highest paid in my position.Then 2wks later they rehired a lady into my same position for a nearby community.How is it lack of work, when a position was open?Do I have a case for unlawful termination?

Asked on May 23, 2009 under Employment Labor Law, Tennessee


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

An at will employee like your self can be fire for good bad or no reason at all.  However, federal and state law prohibit termination of employees for reasons that are motivated by race, age, gender or religious grounds.  Your situation seems like the company wanted to get rid of someone that was being paid a lot to free up cash flow and pay someone less to do the same job.  this unfortunately happens a lot, especially in this market.  Unless you believe there were discriminatory reasons for yout firing, then i do not think you have a good case that is worth spending money on.

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 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 lock Secured with SHA-256 Encryption