What to do if I was temporarily laid off from a position due to “business needs”, however instead of calling me back they hired a new employee?
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What to do if I was temporarily laid off from a position due to “business needs”, however instead of calling me back they hired a new employee?
I have been getting calls from co-workers who are still employed at this company and they’ve told me I was fired. My boss told me it was a temporary lay off until business picked up. I am the only African-American at this place of business and was replaced by someone Caucasian. I feel discriminated against because I was the only one laid off and instead of calling me back they hired someone new.
Asked on June 17, 2012 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, an employer does not have to tell an employer the true reason(s) for termination, and could therefore claim to lay someone off for business reasons (such as to spare his/her feelings) while then immediately replacing him/her.
However, employers may not discriminate against a person on the basis of his/her race; and they may not discriminate just by claiming a non-discriminatory reason. Rather, if there is a racial discrimination complaint (such as to the EEOC or your state's equal/civil rights agency) or a racial discrimination lawsuit, the agency and/or the courts will look to the totality of the circumstances, to see if under the facts of the situation, it appears that this was actually racial discrimination.
From what you write, it may have been racial discrimination: the claim of business reasons is undercut by hiring a replacement; replacing the only African American employee with a caucasion one always looks suspect. It would be worthwhile for you to file a complaint and/or consult with an employment law attorney.
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