Replacing a laid off employee
If my employer lays me off, can they then legally hire someone else to do the same job I was doing?
1 answer | asked Nov 11, 2003 10:58 AM [EST] | applies to Arizona
Answers (1)
Simple question -two answers
The simple answer to your question is yes. There is no law that restricts an employer's freedom to hire someone to replace you, and you have no legal right to be recalled, unless it is contained in a collective bargaining agreement.
The question you really need to ask is "why did they lay me off?" Assuming that you were an "at will" employee, your employer can let you go whenever they want to. They don't need a reason. But people don't do things without a reason. So if they refilled your position as soon as they laid you off, the layoff apparently wasn't to reduce costs or eliminate the position. So why did they do it? An employer can discharge an "at will" employee without a particular reason, but if the reason was unlawful, the termination may be wrongful. Was it because of race, or sex, or religion, or national origin? Was it because of age or a disability? Was it because you reported unsafe working conditions or made a worker compensation claim? These are examples of unlawful reasons for terminating someone's employment. The burden is on you to prove what the real reason was if you want to seek legal relief for a wrongful discharge.
posted by Francis Fanning | Nov 11, 2003 12:09 PM [EST]
The simple answer to your question is yes. There is no law that restricts an employer's freedom to hire someone to replace you, and you have no legal right to be recalled, unless it is contained in a collective bargaining agreement.
The question you really need to ask is "why did they lay me off?" Assuming that you were an "at will" employee, your employer can let you go whenever they want to. They don't need a reason. But people don't do things without a reason. So if they refilled your position as soon as they laid you off, the layoff apparently wasn't to reduce costs or eliminate the position. So why did they do it? An employer can discharge an "at will" employee without a particular reason, but if the reason was unlawful, the termination may be wrongful. Was it because of race, or sex, or religion, or national origin? Was it because of age or a disability? Was it because you reported unsafe working conditions or made a worker compensation claim? These are examples of unlawful reasons for terminating someone's employment. The burden is on you to prove what the real reason was if you want to seek legal relief for a wrongful discharge.
posted by Francis Fanning | Nov 11, 2003 12:09 PM [EST]
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