Legal Question in Employment Law in Massachusetts

Employer hired new employees during lay off

Question: Did my former employer have the legal obligation to offer me a position which I am qualified for and which the subsequently hired new employees to perform before laying me off?

Background:

I was recently laid off on a friday and learned that my employer had two new employees starting on the following monday. My Employer (a software company) numbered approximately 60 employees at the time of lay off, split between two business functions: professional services and product services/development. Approximately 10 employees were laid off. The reason stated to me for my lay off - as to the other employees - was that the company responding to financial challenges. My reviews were always exceptional. I was on the professional/consulting services side of the company. The new employees were hired into the product services group. In the past, when the company did not have billable engagements, I did work for the product group. Also, about 4 months prior, the company hired a new CEO who has subsequently been hiring former co-workers (as are the two new employees). Additionally, the new employees require H1 sponsorship.


Asked on 12/12/02, 5:50 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Employer hired new employees during lay off

No

Read more
Answered on 12/15/02, 7:21 pm


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