Can an employer hire for the same position after they told you it was eliminated due to a reorganization? Isn't there a 6-8 month waiting period to rehire someone for that position?

I was laid off a month ago and then they hired an employee from my competitor.

2 answers  |  asked Sep 14, 2017 3:40 PM [EST]  |  applies to California

Answers (2)

Richard J. Vaznaugh
Assuming you are a private sector, non-union employee, George is right. Sometimes a reorganization is an excuse for firing someone for an impermissible reason, such as discrimination, whistle-blowing or doing something you had a right to, like taking a medical leave.

posted by Richard J. Vaznaugh  |  Sep 14, 2017 4:29 PM [EST]
George Allen
There is nothing illegal in this scenario unless your employer used the layoff as a subterfuge to get rid of you for an illegal reason (discrimination, retaliation for legally protected activity, etc.).

posted by George Allen  |  Sep 14, 2017 3:52 PM [EST]

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