Is it legal for my employer tolay meoff because there wasn’t enough work and then to hire others without offering my job back?

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Is it legal for my employer tolay meoff because there wasn’t enough work and then to hire others without offering my job back?

The company is not a union so can I make a legal case of this or not?

Asked on August 19, 2010 under Employment Labor Law, Indiana

Answers:

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

Answered 11 years ago | Contributor

Yes it is legal.  Since there was no union contract that controlled, or presumably any employment contract or specific company policy, your former employer can hire or fire as it sees fit.  This is known as "at will" employment.  Unless you feel that you have been a victim of discrimination in the workplace, you have no legal claim here.

Note:  There can be no discriminamtion for reasons due to your race, religion, age, disability, sex, national origin (some states list other categories as well). You can check with your state's Department of Labor.


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