Legal Question in Employment Law in Texas

My company began a mass layoff in July of last year because of a merger with another company. There were 4 people including me that held a certain position within that company. It was determined that only 1 position would be left. Me and the other 2 people received our layoff papers. I saw a need for a position because of that merge with the other company which got me 3 extentions since my letter. Now it seems that they see the need to add another position to continue what I started. I was told last week that my last day will be end of next week because they decided that they didn't need a person to do what I had made a full time job. I just learned a few minutes ago that they are indeed needing a person for my position, but that they would prefer a past employee that had already been let go. They can not say that I am not experienced in the job that needs to be done. They can not say that I have in anyway broken any rules. So.. Is it legal to replace me with another person that has already been laid off and with less experience in the tasks at hand even though I had also received a lay off letter a long time ago. I saw alot of favoritism when they did the three rounds of lay offs and know that this is the same case. Do I have any grounds on this matter?


Asked on 4/20/12, 5:23 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

possibly...age/sex/race/religion..or written company policy?...and is the company usionized..if not.......seek help and bring in a union...but need a lot more info to comment on present dilemma

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Answered on 4/21/12, 10:25 am


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