If I was recently laid off due to budget cuts, can the samejob be listed on the company website?

UPDATED: Jun 3, 2011

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If I was recently laid off due to budget cuts, can the samejob be listed on the company website?

I work for a school district. Personnel states that the job is for “in house” applicants only. However, how can they take an already employed person away from their current job to fill my position? Then there would be another empty space. They seem to be making a lot of excuses for their actions. I just don’t understand how they can advertise for a position to be filled that has been cut due to the current budget crisis.

Asked on June 3, 2011 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, an employer has nearly absolute discretion about staffing: who to fire, who to hire or transfer or promote, what positions to have, etc. This means they can say that they are laying someone off due to budget conditions, then fill the spot anyway. So, in the absence of the below, the employer could do this. That said:

1) If there are any contract, including a union agreement, covering you specifically or that position, those contracts and their terms must be honored in terms of how and when to terminate, how to fill, etc. So if there are contracts or union agreements, take a look at them.

2) Employers may not discriminate on the basis of a protected category--e.g. race, religion, sex, disability, or age over 40. If you feel that your firing was really due to you membership in a protected category and the rest is pretext, you may have a claim, and may wish to contact the dept. of labor and/or an employment attornney.

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