Can an employer lay you off and call you back for partime?

My husband was with company for 6 years. He was out for 3 weeks with an eye injury not job related. The company layed off supervisors and other employees that 3rd week. When returned to work on Monday they layed him off for two days and called him back the third day because he is the only one who knows how to operate a certain machine. They then say if we call you don't come in, If we don't call then come in. I think this job is getting away with something because He was out for 3 weeks with eye injury then layed off when went back to work.

1 answer  |  asked Aug 4, 2011 6:33 PM [EST]  |  applies to New York

Answers (1)

Patricia Pastor
Yes, a layoff is generally based on economic concerns. An employer may be able to pay its employee on an "as needed" (or "per diem") basis but cannot afford to pay for the employee on a "permanent" or full-time basis. If the employee needs the income and is wiling to take whatever work he can get, this arrangement is fine. There is nothing unlawful about this practice.

Since other employees were laid off during the same period as your husband, and the employer is still actually using your husband's services, it does not appear the layoff was based on any hidden reason.

Of course, if at any time your husband believes he is being subjected to unlawful treatment by his employer, he should consult with an employment lawyer.

posted by Patricia Pastor  |  Aug 4, 2011 7:11 PM [EST]

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