What is my recourse if I feel that I was treated unfairly regarding my termination?
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What is my recourse if I feel that I was treated unfairly regarding my termination?
I was laid off after 14 years of hard work. I then saw an ad for my job. I responded to the ad and called HR, however, I was told that I was ineligible for rehire. Someone less qualified than me is getting my job. I feel discriminated against. Another guy got arrested for drugs and is also a sexual offender but he still has his job. Is this illegal to not rehire me or just blow me off?
Asked on June 28, 2015 under Employment Labor Law, Connecticut
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I'm afraid that based on the facts presented this is not a case of wrongful termination. What most workers don't understand is that they do not have to be treated equally or even fairly. The fact is that it is perfectly legal to give one employee more favorable treatment than another, so long as the treatment does not violate existing company policy, an employment contract, or union agreement, etc.
Additionally, such differing treatment must not be the result of discrimination. Consequently, if you were given less favorable treatment due to your status in a legally protected class, that would be against the law. For example, if you were treated differenently based on your being in a protected class, that is one based on a your inclusion in a group due to your race, religion, gender, age, disability, sexual orientation, national origin, etc.
Bottom line, in most instances, an employer can hire/fire, promote,demote, etc. much as it sees fit.
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