Legal Question in Employment Law in Massachusetts

Laid off, but company looking for replacement?

So, I am in the process of sitting at home getting paid for 60 days to satisfy the WARN requirements of telling me I'm laid off.

My situation is that I was looking for a new job within the company and noticed that an open req for ''my job'' is on the website. I say ''my job'' because the description matches what I did to a ''T''.

Is there something illegal about this and if so, what should I do and hope to get out of it?

As a side note, I definitely think it was a personal vendetta that my ex-boss had for me. I'd love to somehow stick it to him and get him out of there.... :)


Asked on 7/03/07, 7:07 pm

1 Answer from Attorneys

Maurice LaRiviere, Jr. Law Office of Maurice LaRiviere, Jr.

Re: Laid off, but company looking for replacement?

If you were an at-will employee with no union or contract rights it is at best difficult to have a legal action.Naturally if the decision was based upon a discrmination such as race, ethnicity or female discrmination a right exists.

You might want to arrange an initial sit-down consultation with an attorney. However a revenge motivation versus a legal right will most likely result in the attorney not wanting the case.

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Answered on 7/04/07, 3:30 am


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