Legal Question in Employment Law in Illinois
Returning to work after layoff
My fiance was laid off about a month and a half ago. Since he was laid off there have been to job openings in the company. One was a position lower than what he had had and was filled by a new hire. The second opening was the exact same position he had held and as far as we know has not yet been filled. There are help wanted adds for the company in the newspaper every day, but he has not been offered either position. Does the company have to offer him a postion if one is available?
1 Answer from Attorneys
Re: Returning to work after layoff
From your question, it sounds like your fiance does not have an employment contract with his former employer outlining his and his former employer's rights and obligations.
That said, the only protection afforded him under Illinois law for a private employer are statutes designed to protect employees against wrongful discrimination, i.e, age discrimination, race discrimination, sex discrimination, etc.
If your fiance was not dismissed for one of these statutorily protected reasons, then he has no recourse. Thus, the company is not obligated to offer him a position.
-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo
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