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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19228
Experience:  Employment/Labor Law Litigation
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Pearl, I do have a question? Without going into a long story,

Customer Question

Hi Pearl, I do have a question? Without going into a long story, once you are laid off from an organization (with others) and you try to return to that organization, are they obligated to tell you why you are not eligible for rehire? I'm in Texas by the way!
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no, I have not. was just wondering thats all
JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Is there anything else the Employment Lawyer should be aware of?
Customer: I applied for a position that I use to do and was turned down. I contacted the HR rep for my business unit but was told there was nothing on my record that indicated they could not rehire me.
I know of someone who was offered a package and within 2 months was rehired. But I am not sure if this person received the actual monetary package though
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. There is nothing in either Texas or federal law that requires an employer to explain why they won't hire or rehire someone. The only way that a laid off individual has first rights to return to work before others is if there is a contract specifically requiring that. You would usually see that in a union agreement. Now, their failure to do so is suspicious and, if you have reason to suspect discrimination based on race, religion, gender, age or disability and were to file a complaint with the EEOC alleging discrimination, the employer would then be forced to give a reason or risk being found to have acted in a discriminatory fashion. However, to make this claim, you'd need some fact which suggests to you why they were rejecting you. For example, if you were female and they were only hiring back males from a layoff, that could suggestion gender discrimination. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.