Legal Question in Employment Law in Pennsylvania
layed off /company is hiring someone else
My husband was layed off about a year ago due to company downsizing because of lack of work.We recently saw an add in the paper that they are hiring for his position now.Does the company have to extend an offer to him?He worked for them for seven years,without any negative reports on him,and was only layed off because of lack of work.
1 Answer from Attorneys
Re: layed off /company is hiring someone else
Law is not a black box into which one reaches for an answer, it is instead an art.
Was the lay-off a subterfuge? Were the WARN laws followed? Is there a federal contract involved? Does your Husband claim discrimination based on national origin or another protected classification? Was the lay-off an attempt to get a younger labor force? What does the union contract say about recall preferences?
The fast cheap answer is he is out of luck. The long expensive answer is to hire counsel to try to get his job back on a colorable legal claim, the existence of which depends on client-lawyer interaction.
The answer to your question is, "No, the compnay does not have to extend an offer to him."
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