What are my rights if I was permanently laid off due to economic reasons but they hired a replacement for my position within2 months?
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What are my rights if I was permanently laid off due to economic reasons but they hired a replacement for my position within2 months?
Although the company claimed that I was laid off due to economic reasons they recorded record profits.
Asked on January 26, 2012 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, an employer may fire an employee at any time, for any reason; furthermore, an employer may generally replace a terminated employee at will, even if the ostensible reason for termination for economic or financial. There are exceptions, however:
1) If the employee has an employment contract (including union agreement), then the employee may not be fired in a way which violates the terms of that agreement or contract.
2) If the stated reason for termination was a pretext, and the employee was really fired because of his/her race, religion, age over 40, disability, or sex.
3) If the stated reason for termination was a pretext, and the employee was really fired for making a protected claim (e.g. for overtime, or about discrimination), for using a protected benefit (e.g. FMLA leave), or for reporting certain criminal or safety violations.
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