Layoff and Rehire

[summerwind]

I was recently laid off in a reduction in force action in PA. I was paid a severance, offerred cobra etc... Less than a month later the company posted the same job (with a lower pay grade). I'm 51, I am going to apply for the job. Does this violate any laws? If I am rehired do I keep my years of service, vacation etc...?

Thank you

 

[commentator]

I would say that your chances of being rehired were terribly slim. They moved you out of a position, and then later redeveloped your former position at a lower pay rate and posted it. If they had found reasons and tried to fire you instead of laying you off, this would've been more specifically directed at you personally, but I do suspect they won't rehire you.

Unless it is a unionized facility and strictly governed by a recall policy, they are not obligated to call you back or rehire you instead of re-classifying and re-posting the position and hiring someone else.

I will leave it to others on the board to venture opinions as to whether this might be an EEOC issue.

 

[summerwind]

I'm really not concerned wether I actually get rehired or not, I'm more interested in the legalities of layoff and reposting the same job at a lower pay.

 

[pattytx]

That isn't illegal.

 

[csi7]

The question you are asking is usually going to be presented at the time of your interview, if your name is selected for the interview.

 

[cbg]

I was recently laid off in a reduction in force action in PA. I was paid a severance, offerred cobra etc... Less than a month later the company posted the same job (with a lower pay grade). I'm 51, I am going to apply for the job. Does this violate any laws? If I am rehired do I keep my years of service, vacation etc...?

Thank you

No, it does not violate any laws based on what you have posted. Whether you keep your years of service, pay, benefits etc. is a function of company policy and/or any legally binding contracts or CBA that may be in effect - with limited exceptions the law does not address this issue.

If you have additional information that you believe would change the answer, please post back.