Job Elimination

Florida

My job was eliminated last year. I was told this was due to a change in company structure. less than one year later, the job was "un-eliminated" and offered to someone else. I was told I was not eligible for the position as I had not been away from the company for 1 year.

is this legal? it seems like a company could just eliminate a job, and re-hire someone (at a lesser salary even) anytime they feel like it without going through the necessary steps to fire someone. I had excellent performance appraisals, and always received raises and bonuses, so it was not job related (and that's what I was told as well). Thanks, JL

[HomeGuru]

Originally posted by JamieW
Florida

My job was eliminated last year. I was told this was due to a change in company structure. less than one year later, the job was "un-eliminated" and offered to someone else. I was told I was not eligible for the position as I had not been away from the company for 1 year.

is this legal? it seems like a company could just eliminate a job, and re-hire someone (at a lesser salary even) anytime they feel like it without going through the necessary steps to fire someone. I had excellent performance appraisals, and always received raises and bonuses, so it was not job related (and that's what I was told as well). Thanks, JL

**A: yes, it is legal.

[Beth3]

They could have eliminated the job on any given day, terminated your employment, and "uneliminated" it the next day and hired someone new. There are no laws that obligate your employer to recall you to work when your prior position again becomes available. Whether a year has passed or just a day is irrelevant.

A company policy that says downsized employees aren't eligible for rehire until 12 months later strikes me as peculiar - I can't imagine what the rationale is - nonetheless it's not illegal.

I don't think that is correct. Companies get in trouble if they let go of workers, and then end up hiring someone in the same position for lesser pay, or for younger age. it is my understanding that the company I worked for had a policy that if a job was eliminated, they could not reopen the position for at least a year.

if companies could just let someone go and hire someone the next day, why would there be processes in place for appropriate firing? They could just fire you and rehire someone without any process (warnings, etc.). THat's why I wondered if there was any type of statute I could review.

[HomeGuru]

Originally posted by JamieW
I don't think that is correct. Companies get in trouble if they let go of workers, and then end up hiring someone in the same position for lesser pay, or for younger age. it is my understanding that the company I worked for had a policy that if a job was eliminated, they could not reopen the position for at least a year.

if companies could just let someone go and hire someone the next day, why would there be processes in place for appropriate firing? They could just fire you and rehire someone without any process (warnings, etc.). THat's why I wondered if there was any type of statute I could review.

**A: well, you can think what you want.

[Beth3]

Jamie, just because no laws prohibit employers from doing what I said in the example I gave doesn't mean that they actually do so. Yes, sometimes an employer can get themselves in trouble by eliminating jobs and laying off individuals and then reopening the jobs again in short order IF a pattern of discriminatory decisions is evident (ex: only or mainly minority employees were laid off and all the replacement hires are white and/or male.)

My answer was correct. There is no statute for you to review. The only state and federal laws that exist that address layoffs are those that require advance notice if there is plant closing or a mass layoff.

But as HR has aptly said, you can think what you want.

I'm not trying to be argumentative, sorry if it seems that way. When a HR rep from my own company stated that they weren't following policy, and they felt I had legal recourse, I just was trying to find out any options. So basically there are none. It doesn't seem right, but if it's legal, that's all that counts I guess. THanks for the responses.