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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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If I got off from work and now that company is ring the same

Customer Question

If I got laid off from work and now that company is hiring the same position .What is the labor law about it
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, no law requires employers to be honest about the reasons why they are letting an employee go, or to give hiring priority on new positions to former employees. This is to say, there is nothing inherently illegal about laying an employee off and then subsequently hiring for the same position.

Now, the fact an employee was "laid off" and then the company turned around and began hiring for the same position might be evidence that the "layoff" was a pretense to conceal an unlawful motivation for letting the employee go. Illegal reasons for terminating an employee would be discrimination (race, religion, gender, etc.) or retaliation for engaging in certain legally protected activity, such as taking FMLA leave or filing a wage claim.

So, for example, if an employee was "laid off" immediately after filing a wage claim against their employer, they could argue that the layoff was merely a pretense to conceal the employer's true motivation--retaliation for filing a wage claim--because the employer turned around and hired someone else for the position, thus indicating that the layoff was never really necessary.

This is a small exception to the general rule, though. In general, since employment is at will and thus can be terminated for virtually any non-discriminatory reason regardless of whether the basis is fair or even true, there is nothing unlawful about laying an employee off and then subsequently re-hiring for the position.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer: replied 1 year ago.
They just told Australia that they eliminated the position and over a month period they that position open again
Expert:  Patrick, Esq. replied 1 year ago.

I understand. That is not illegal. However, it might be proof that your employer's true motivation was illegal, since there was plainly no real need for the layoff. But you would need proof of the illegal motive. Illegal motives are legally protected traits (race, religion, gender, etc.) and legally protected activities (filing a wage claim, taking FMLA leave, etc.). If you had some proof of an illegal motive, then the fact your employer turned around and started hiring again is proof that the layoff was really just an excuse to terminate you for the illegal reason. I hope that makes sense.

Again, please feel free to let me know if you have any further concerns.

Customer: replied 1 year ago.
I reapply and they said I have to wait for another interview
Expert:  Patrick, Esq. replied 1 year ago.

Again, that is not illegal. Your employer has no legal obligation to rehire you, even if you previously held the exact same position. I wish I had better news, but the law is very clear in this respect.