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layoff/rehire fallout

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kicked

Junior Member
What is the name of your state (only U.S. law)? california First, allow me to apologize if my explantion is a bit twisty, it's hard to explain this situation with naming specifics.
As background: last year I was laid off from a company I had worked at for several years, due to elimination of position. I was rehired at essentially an entry-level position, but full time. A few months ago, when a position at my previous level opened, I was repromoted.
Recently, I was again laid off due to elimination of position. I have no disciplinary notes in my file and have consistent good reviews. This time, a new position was created that is somewhere between what I just got laid off from and the entry-level. I have been rehired again at the entry level position, with the understand that I would be able to apply for the new position. My boss has indicated I am his first choice for this spot. So far so good, I felt at this point a steady job was preferrable to the severance package, and also did not change my benefts as I would have if I had not been going back as a fulltime employee.
After I had already signed the rehire paperwork and worked a couple days, my boss was informed I will not be allowed to apply for the new position and his hiring me full time is not approved. My understanding of the conversation was that he has been told his boss will never approve me getting a promotion. When pressed for a reason, he cited my compentancy but will not provide examples, and he does not participate in my evaluations.
He has, in fact, spoken to me for a combined 10-15 minutes total. I have been informed by multiple sources that he dislikes me because I am female, but can't prove it. (My being laid off leaves no females at our location above the entry level position). Otherwise, noone can come up with any reason for his getting involved.
For some reason, we currently do not have a human resources contact for our area.
Right now, I'm not even sure if my rehire status is going to be honored. I don't know really even what questions to ask.
Can my status be changed within a couple weeks of being hired? Can he stop me from applying for the position? (It's been implied I'm not allowed to). If my status is changed, do I become eligible for the severance package?
 


swalsh411

Senior Member
Yes your status can be changed.

He could fire you if you applied for the position against his direction and that would not be illegal. He may be overwritten by the higher ups because it's a stupid reason to fire somebody but there is no law that says he couldn't.

Absent a legally enforceable contract, severance is never required.
 

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