What are my options against a company that laid me off due to lack of work?
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What are my options against a company that laid me off due to lack of work?
They have since hired someone for my position, gotten plenty of work, and even expanded the company, all without a call back.
Asked on January 7, 2016 under Employment Labor Law, West Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that unless your treatment constituted some form of actionable discrimination or violated company policy or the terms of a union agreement or employment contract, it was not illegal. The reason for this is that most work relationships are "at will". This means that an employer can set the terms and conditions of employment as it sees fit or deems necessary. This includes who bring back to work after a lay off. For whatever reason your employer chose not to rehire you. While unfortunate, this action was perfectly permissable under the law.
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