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rehire after workforce reduction
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rehire after workforce reduction
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I would like to know the legal requirementrs of waiting time for rehire of a laid off employee at the same level and job title/function. What is the waiting period before a company can refill a positi
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Forums » Topic Forums » Legal Forum » rehire after workforce reduction
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rehire after workforce reduction
posted at 6/11/2009 7:45 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Usually that comes about when someone is hired to replace them in the same job and the individual then files a legal claim (sues you) of wrongful termination. this is where dishonesty on the part of the employer jumps up and bites them. If it is performance related then do it right and use your performance corrective action process. Lying to somebody saying you are laying them off, when not true, isn't very smart business. |
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rehire after workforce reduction
posted at 6/12/2009 5:10 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
The employees have the same rights under Title VII, ADEA, PDA, ERISA, ADA, FMLA, etc. If the employer has used a pretense to hide an illegally discriminating reason (pregnancy, disability, race, gender, religion,etc), then the former employee has the right to file a claim with the EEOC or applicable govt agency.
Depending on how the company does the layoff, you and that agency may or may not be able to prove intentional discrimination. But realize 49 of 50 states are "at will" and an employer CAN layoff due to job performance (or any other reason that is not a protected one) without every having given a single warning. |
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rehire after workforce reduction
posted at 6/12/2009 5:57 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
To expand on rrupert's point, in all states but Montana an employer has the right to end the relationship at any time with or without notice and for any reason so long as it's not an illegal reason. An illegal reason would include discrimination on the basis of public policy exceptions which would include discrimination on the basis of a protected characteristic. |
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rehire after workforce reduction
posted at 6/12/2009 7:39 AM EDT
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Posts: 4
First: 6/10/2009 Last: 6/12/2009 |
I think my point is being missed. I understand the issues of non-discrimination, at will, etc. That is not the issue here. The issue is this. If an employer lays of an employee due and claims work force reduction, then turns around and hires another person at for the same function, then the "reason" for the lay off is moot, incorrect, pretentious, bad judgment, or all of the above. In this case, the employer is either hiding the real resaon, or has used work-force reduction as an excuse to lay off an employee. This to me seems questionable at best and wrong at worst. But does the employment law protect against such acts? May be not! |
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rehire after workforce reduction
posted at 6/12/2009 10:02 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
What employment law are you referring to? A specific law? Or just the general body of employment law?
To reiterate, a employer is free to terminate an employee at any time and for any reason or no reason so long as it doesn't involve illegal discrimination. It's called "employment at will" and it's a common law principle recognized by 49 or 50 states. Since you seem to infer that there is no discrimination involved, then yes....the employer almost certainly can terminate you, lay you off, fire you and hire a replacement for you within 30 seconds if the employer so chooses. |
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rehire after workforce reduction
posted at 6/12/2009 12:15 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
To restate the answer in the lowest common denominator that you might understand....
No...no...NO and no..... I think every post has stated that clearly. One question-- /> Are you the HR professional or an employee in this situation? Because it seems that you want a different answer, but none of us can give it to you because it doesn't exist. |
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