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Attorney & Mediator
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Category: Legal
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Experience:  Attorney & Certified Mediator
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I was laid off from my job in July of 2009 at a private school

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I was laid off from my job in July of 2009 at a private school after working there since July 2006. The head of the school told me that the layoff was strictly due to the economic situation at the school and he could not foresee when they might restore the position, which has remained unfilled since. During my time there, my performance reviews from my direct superior were exemplary and the head of school expressly told me when he informed of my layoff that in no way was the move performance-related. Today, they are advertising the job as being open, but have not contacted me to come back. Do I have any legal recourse for their passing by me to fill the position? I am also a 48 yr. old and a veteran. Thanks.
Submitted: 6 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 6 years ago.
Do I have any legal recourse for their passing by me to fill the position?

No. Unless you were hired as a contracted employee where they guaranteed the position in writing, you are not entitled to notice or reinstatement. As an "at-will" employee you are not guaranteed reinstatement if you were let go. There is also no discrimination here, since they specifically said this was economic-base and there was no immediate posting of his position.

You are free to reapply and under the EEOC all candidates are to be treated equally for the position.

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