Layoff & rehiring

What is the name of your state (only U.S. law)? Arizona

I was laid off beginning of May 2010. The separation agreement states "Employer is in the process of restructuring its operations; as a result of which certain positions are being eliminated". Two positions were eliminated and were not filled.

Another employee, who has the same skill sets, etc, has just put in her 3 weeks notice.

My question is: if this open position will be filled, does the employer have an obligation to offer the position to the employees that were laid off before opening the position to outside canditates?

My question is: if this open position will be filled, does the employer have an obligation to offer the position to the employees that were laid off before opening the position to outside canditates?

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Not unless there is a contract of some sort that would require it. Such a contract could be found in a union situation or if you had an employment contract with the employer.

The law does not require it. It is not impossible that a binding company policy or CBA would do so, but we would have no way of knowing if that is the case.