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position eliminated then new person hired for same position

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jagala172814

Junior Member
What is the name of your state (only U.S. law)? California

Hello!

I was laid off in March "due to reorganization and position elimination". My company told me that they are eliminating my position and adding my duties to an existing position. I find out a few weeks ago that they hired a new employee for my old position that was supposed to be eliminated - exact same job title, description, territory, etc. I read that once a position is eliminated a company cannot rehire for that same position for at least a year or so. Do I have any kind of legal standing on this issue? Thanks in advance for your help....
 


commentator

Senior Member
Unless you have a union contract with stipulations about lay offs, refilling positions, recall rights, all these sort of details, the employer can do absolutely anything they want to do concerning refilling supposedly eliminated jobs or hiring someone else the next day after telling you the job was being eliminated.

They may have been trying to spare your feelings, and gave you a nice good sounding thing to put on your new job applications. You are no longer working there because the position was eliminated. You never, of course, need to volunteer to prospective employers that several months later they hired someone new to fill that same exact position.

What you got out of it was unemployment insurance, because you were let go due to no fault of your own. That's all that is required, all they had to do, now if they want to they can restaff the entire place with new employees.
 

Hot Topic

Senior Member
What is the name of your state (only U.S. law)? California

Hello!

I was laid off in March "due to reorganization and position elimination". My company told me that they are eliminating my position and adding my duties to an existing position. I find out a few weeks ago that they hired a new employee for my old position that was supposed to be eliminated - exact same job title, description, territory, etc. I read that once a position is eliminated a company cannot rehire for that same position for at least a year or so. Do I have any kind of legal standing on this issue? Thanks in advance for your help....

I doubt that you read that once a position is eliminated, a company cannot rehire for that same position for at least a year "or so." No law would include wording that vague.

The company may have discovered that they needed someone for your old position after all. It has been six months. They are not required to hire you back. For all they know, you have a new job.
 

cbg

I'm a Northern Girl
Oh, that's another urban myth. He could have read it any number of places. Just like, "you can't be let go while you're on disability leave" and "legally your employer is not allowed to say anything but dates of employment in a reference". Myths, all of them, but widely believed and passed around the internet. I should write to scopes.com and have them do a section on things in employment law that "every knows" but that actually don't exist.
 

HomeGuru

Senior Member
Oh, that's another urban myth. He could have read it any number of places. Just like, "you can't be let go while you're on disability leave" and "legally your employer is not allowed to say anything but dates of employment in a reference". Myths, all of them, but widely believed and passed around the internet. I should write to scopes.com and have them do a section on things in employment law that "every knows" but that actually don't exist.
**A: sounds like a good idea. You can even write it for this website. I will double your current pay for the extra work.
 

cbg

I'm a Northern Girl
Seriously, I'll see what I can do. We've talked on other sites about putting up a sticky with some of this information, sort of like they have over on Family Law. Maybe it's time to really do it.
 

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