Is it legal if your employer terminates your position but a few months later advertises the same position yet doesn’t contact you first about the job?

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Is it legal if your employer terminates your position but a few months later advertises the same position yet doesn’t contact you first about the job?

I thought they had to offer you your job back since “it wasn’t you, just your job title”.

Asked on February 15, 2016 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is perfectly legal. That is unless company policy provides otherwise or you have some type of protection under the terms of a union contract or employment agreement. Also, your treatment must not be based on some form of actionable discrimination. The fact is that most employment arrgagements are "at will". This means that an employer can hire and fire much as it sees fit or deems appropriate.


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