Can a employer hire someone when you where laid off just 6 month prior?
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Can a employer hire someone when you where laid off just 6 month prior?
Asked on September 17, 2015 under Employment Labor Law, Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
There is no legal obligation for an employer to re-hire an employee who has been laid off before hiring a replacement for their position. The fact is that most employment relationships are what is known as "at will". This means that an employer can hire and fire much as it sees fit.
Therefore, unless you had protection under a union agreement, employment contract or even company policy, you don't appear to have a case. Also, if some form of employment discrimnation or retaliation was a factor in your treatment, then your employer's action may be actionable. Other than that, I'm afraid that there really isn't much you can do.
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