IfI am laid off and then rehired, doI keep my benefits?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
IfI am laid off and then rehired, doI keep my benefits?
After working for 20 years at the same company my employer laid me off of work and then rehired me after my unemployment ran out. Am I entitled to my same company benefits – insurance, vacations, sick pay and holiday pay that the company offers after returning to work. Doesn’t my 20 years mean anything?
Asked on April 17, 2011 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, in the absence of an employment contract of some sort (so that you could potentially show these behavior violated contractual terms), then you *probably* don't have any legal recourse to keep your former or seniority-based benefits. That's because (1) the company did not have to rehire you at all, and in the absence of a contract, you an employee at will, so they can hire on any terms they like; and (2) companies don't need to offer benefits at all, and may change them on a forward-looking basis for any employee (again, the absence of a contract).
What might give you recourse would be if you can show that you were treated in a disciminatatory fashion on the basis of a protected category--e.g. age. So if younger employees who were rehired (if any) would get benefits, or you can show that your firing and rehiring was discrimination against an older employee to deny the employee benefits, you may be able to make out an employment discrimination cllaim and sue for benefits or compensation. The primary protected categories are age over 40 (which is probably most relevant here); also race, religion, sex, disability.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.