Laid Off to Discover Employer Rehired the Guy I Replaced After He Got Fired From His New Job

I was recently laid off from a part time position during my six month review for a position that I had been working for during the past eight months. The Executive Director, who personally sought me out and hired me to replace the individual that had resigned from this position for a better opportunity, explained to me that I was being let go due to cashflow problems resulting from income/revenue challenges with a city contract that had been failed to be paid to the organization, thereby affecting payroll. It was also mentioned that I was the highest paid person on staff despite my part time status. I had been in this role for eight months and had achieved several accomplishments during that time, far exceeding the expectations of my role and responsibilities, and was producing work to my ED's satisfaction. I had a perfect record of performance during my time in the org - not once was I counseled or warned for behavior or performance issues. The lay off was a shock. ED said that he would try to hire me for contract work as needed and when cash was available for upcoming and year-end projects, and if/when cashflow was resolved, depending on how long that could take, we could see if bringing me back on board would be possible. Coincidentally, this just so happened to occur upon finishing all major projects for the department i was in charge of for the fiscal year (grants and fundraising).

I just found out they rehired the individual I had replaced, but instead of claiming him as an employee, he's being referred to as a "consultant" on their website and on his personal LinkedIn profile (of which we're connected to each other). This has happened less than two months after I was laid due to apparent payroll problems. He was fired from his new job during the summer. I approached my ED and the Operations Manager to express my concern that he would try to get his old job back (my current job), and both reassured me that would not happen as it would be unethical and potentially illegal. Plus, they both independently said that they would not hire back someone who willingly resigned from the organization. And now he's back in the exact same role he had before leaving, and the exact role I was in, but now with a different employment status, which could potentially be fraudulent as it's a mission critical position requiring a dedicated employee to manage and oversee, in addition to the fact that he has no other consulting jobs or a legitimate business license to claim operations as a consultant.

Is this illegal or just highly unethical and unprofessional? I never filed for unemployment since I didn't think I would qualify, and they only paid me one week severance despite verbally promising two weeks of severance pay. I'm concerned how this will affect my current job search as I'm actively interviewing and this will be noticed and contradicts my story of why I'm no longer employed at this organization if they see a new person and not me in the role (or me in doing the contract work as discussed).

What gives here? Thanks in advance.

In brief -

Laid Off due to payroll/cashflow problems.

Told by Executive Director I would be hired for contract work until issue resolved to try to hire me back for the remainder of the year.

Recently discovered that they rehired the individual I replaced and who resigned from the role for a better opportunity. He got fired from that job five months into that role (June/July of this year).

When I found out he got fired from that job, I expressed concern to the ED and Ops Manager that he'd try to get his old job back, kicking me out of my position. Both said that wouldn't happen and wouldn't allow that to happen. Both stated happiness with my contributions and presence within the organization.

Now, less than two months after I've been gone, he's got his old job back working in the exact role he had before, same role I had while there, but now classified as a "consultant". He's on the website and this is listed on his personal LinkedIn profile (we're connections).

This has happened in less than two months after I was laid off and promised to be brought on for this supplemental work. I feel like I was misled about being laid off and that it was an excuse to get rid of me to bring him back on board.

I was promised two weeks severance, only paid one.

Is this legal? Is this just unprofessional and unethical? Is it just cronyism?

I had made significant positive accomplishments during my eight months in the role, was performing above my Executive Director's expectations, and was meeting and exceeding all expectations. Not once reprimanded or counseled for anything while there. Was laid off during my six month review, which actually occurred at the eight month anniversary of being in my position. Conveniently, I was laid off after having finished all major projects that were part of my overall responsibilities for the department I oversaw.

0 answers  |  asked Nov 16, 2015 02:48 AM [EST]  |  applies to Illinois

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