terminated vs lay off (benefits still paid.)

I was layed off from my job due to work cut back. I was a full time contractor in the computer Industry. My company confirmed my lay off with the unemployment office when I filed stating that I was NOT terminated but Layed off. The person that assumed my duties has now been fired. The company is interviewing candidates for my job. Sine I was not terminated, shouldnt I be called back to work before interviewing outside candidates? I understand TEXAS is an at-will state, but I was not terminated, I was layed off and the company is currently paying my health and dental benefits ( not cobra) That in itself should be proof that I am not terminated but in a layoff status. What are the leagal reprocussions to them not returning me to full time contract status before hiring an outsider?

2 answers  |  asked Feb 11, 2003 1:57 PM [EST]  |  applies to Texas

Answers (2)

Margaret A. Harris
You Should Try

You should go apply for the job. Unless you were a member of a Union that has a collective bargaining agreement with the company that guarantees that folks will be recalled, it has no obligation to recall you. Nonetheless, you should apply. If you are not re-hired, find out why they did not chooose you. Good luck.

posted by Margaret A. Harris  |  Feb 11, 2003 2:51 PM [EST]
Trey Henderson
at will

It is employment at will in Texas. The Company has not duty to bring you back even if it was a lay off and not a termination.

posted by Trey Henderson  |  Feb 11, 2003 2:41 PM [EST]

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