Answer

Hello,

Under the employment at will doctrine, an employer may choose to terminate an employee for just about any reason. Even if the employer was not eliminating your position, it could terminate your employment and hire someone else. The major exception to this rule is if it does so for some discriminatory reason, such as your race, sex, age, handicap, etc.

It is quite possible that the employer did eliminate your position but now has decided to recreate it. You should be free to reapply for it. If they fail to hire you, and you think the reason was based on some protected status, you could bring a discrimination claim against them.

I hope this helps!

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Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

Expert:	Guru_Guy
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Answered:	2/3/2009

Employment Lawyer

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