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What is the name of your state? NJ -I worked for a software company from N.H. as an installer. At the end of June, I was laid off with 10 other people. I was told about across the board department cutbacks. Okay- I am actually happy that I don't have to travel anymore. Well after talking to other people still employed I found out that I was not the one to be let go. It seems that my immediate supervisor really didn't like me much. When these people confronted the Manager of the Dept. they were told whats done is done.

About a week later, once the proper person finished his install, they released him also. I am sad for him but such as life.

Well the cuts backs are because of the economy, okay, well now that they are down 1 installer I expected to be asked back, since this was a layoff. Well they hired outside and didn't offer it to me. ( I was the only other installer to be let go). I was told by other folks that if a position was vacatant that laid off folks have to be offered before going outside. This all happened within two weeks.

Do I have any legal recourse?


Senior Member
Nothing you've mentioned would suggest anything illegal or prohibited has taken place.

Being chosen for layoff because your supervisor doesn't like you (whether for a valid reason or an arbitrary one) is legal. And there are no laws that require an employer to call back laid off employees before hiring new ones.

As long as nothing that has taken place has been done BECAUSE of a protected characteristic (i.e. your age, race, religion, gender, national origin, etc.), then as you say "such is life."

Good luck.


I'm a Northern Girl
Because union contracts so often include a call-back clause, many people have come to believe it is the law that requires laid-off people to be called back before an employer can go outside. This is not the case. As Beth said, nothing in the law requires that laid off employees be called back before an outside hire can be made. Unless you were under a contract that required it or you have a real reason to believe that you were not hired back because of your race, gender etc., I'm afraid you're out of luck.


Thanks for clearing this up. I'm back to job hunting again.

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