Is it legal to be called back from a lay-off and not be informed your rate is less?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to be called back from a lay-off and not be informed your rate is less?

I do not think it is right that I was not informed that I was working for a lessor amount than I was making before the layoff. And is it right for them to make me wait 90 days until I recieve my benefits back? I have been with this company full-time for over 4 years and I was laid off 7 months ago.

Asked on December 16, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It's not right, but it is legal. When you are laid off, your employment is terminated, the same as if you had been fired or had resigned. The company is under no obligation at all to rehire you, the same as it doesn't have to rehire anyone fired or who quits. If you are rehired, it is for a new job, even if it's doing the same thing. Prior time in service does not carry over, unless the company voluntarily chooses to do so. Therefore, you have to start waiting for benefits again. Also, since it's a new job, they can pay you anything they want for it. (For that matter, even if you had not been laid off, the company could have reduced your salary at will, unless you had a contract.)


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 AttorneyPages.com 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