Legal Question in Employment Law in Michigan

Laid off and replaced

I would like to know if I have recourse against my employer for laying me off due to ''lack of work'' and then advertising for a replacement for my position. I have been laid off for less than 6 weeks and came across an ad on an employment website for my former position in the company. Is this legal? I was never given any reason other than slow down in industry for laying me off. I wasn't ever told that I was not preforming my job sufficiently or that I was going to be laid off until the end of my shift. I had talked with my boss regarding the following Monday's schedule with no indication I was to be laid off. As I prepared to walk out the door, I was taken into her office and told of lay off and that this was my last day, not to come in on Monday. Do I have any recourse against the company or it's private owners?


Asked on 4/13/05, 9:01 pm

1 Answer from Attorneys
William Morrison Action Defense Center

Re: Laid off and replaced

Employers may terminate any employee at will for any reason. The reason for the termination does not have to true or correct. The employer may even lie to you about the reason for your layoff. Some do this to spare your feelings- others do it to avoid confronting you about dissatisfaction with your job performance.

However, if you were terminated because you are a member of a protected group (race, sex, age, national origin, etc.) , there may be a case of unlawful discrimination.

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Answered on 4/13/05, 10:51 pm


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