I was laid off due to lack of work. In Ohio can I be replaced with new employee just because the supervisor does not like me?

Company could not get certified through the state. Had to close until such certification could be granted. A new supervisor was hired prior, who does not like me and wants her crew to work with her. I am collecting unemployment but was told that I should look for another job elsewhere. I have been there over 90 days and have received a raise, which means my work ethic is good. Can she just not call me back to work without any reason not to do so?

1 answer  |  asked Dec 21, 2014 06:32 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
If you are an at-will employee, the answer is yes, your employer has no obligation to recall you from layoff because you worked there before, and an employer is within its rights not to recall an employee just because he or she did not like that employee.

Unions play an important role in curbing abuses of at will employment like this. If you were in a union, it would probably have negotiated a collective bargaining agreement requiring the employer to recall employees in order of seniority.

posted by Neil Klingshirn  |  Dec 22, 2014 07:56 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500