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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18814
Experience:  Employment/Labor Law Litigation
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I was a working as a field supervisor in one of four positions.

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I was a working as a field supervisor in one of four positions. I was laid off on April 16th due to corporate restructure. I was told that the CEO(or board) selected my name specifically for the lay off. This left 2 open field supervisor positions. Another field supervisor recently left for another job and the position of "field supervisor" is posted on the company web site. I have applied for that position. I have been told by the HR dept. that I have to reapply and interview for the position that I previously held. Is that correct? She stated that the job posted is based on someone leaving and not the "position" that I was laid off from.
Thank you, XXXXX

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

There is no external law that actually dictates this answer. What I mean by external law is some sort of statutory limitation on employers.

 

What that means is that employers are actually free to make this determination for themselves. So, if the employer has decided that you must reapply and interview for the position, that decision is not illegal.

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