If a person was laid off from a job and given a packet that states they are eligible for re-hire after a year, applies for a position that is open with the company and the company says they are not hiring people who were laid off, can they be sued for tha
If a person was laid off from a job and given documents that states they are eligible for re-hire after a year, applies for a position that is open with the company and the company says they are not hiring people who were laid off, can they be sued for that?
Also keep in mind the employee was a top rated worker and had no issues during the course of work.
Answers (1)
There is not enough information to answer your question, but I will share offer some general legal insights, based on Ohio law.
To enforce an employer's promise, the promies either needs to rise to the level of a contract, or else is a statement that the employer should have expected you to rely upon, and you did rely upon it, to your detriment. You need to consult with a New Mexico employment lawyer to find out if either of these is the case here.
The packet's statement about eligible for rehire could also become important if you are in a protected class, and the company hires someone who is not in the protected class. In that event, there is potential for discrimination, and the employer's reversal of its policy to treat you as eligible for rehire might provide support for a claim of discrimination.
posted by Neil Klingshirn | Mar 6, 2015 12:41 PM [EST]
To enforce an employer's promise, the promies either needs to rise to the level of a contract, or else is a statement that the employer should have expected you to rely upon, and you did rely upon it, to your detriment. You need to consult with a New Mexico employment lawyer to find out if either of these is the case here.
The packet's statement about eligible for rehire could also become important if you are in a protected class, and the company hires someone who is not in the protected class. In that event, there is potential for discrimination, and the employer's reversal of its policy to treat you as eligible for rehire might provide support for a claim of discrimination.
posted by Neil Klingshirn | Mar 6, 2015 12:41 PM [EST]
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