Can a company re-hire for your position if they claim it was eliminated?
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Can a company re-hire for your position if they claim it was eliminated?
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I worked for a company in Florida which I understand is an "at will" or "right to work" state and I can be let go at anytime for any reason.
The company went on a temporary facility shut down due to economical reasons, and during this shut down I was told I was completely laid off due to slowing down in the company and needing to cut out sales positions. I was told multiple times that it had nothing to do with my performance or skills, was only because of the slow down and need to eliminate sales positions.
In the last week since then, and starting on that very day I was called, the company has posted on several websites that they are hiring for that exact same position, same job title and description.
If they told me they laid me off because they had to eliminate the position, can they then turn around and re-hire for exact same thing?
Additional Details
This did not just happen to me, it was a "full facility shut down" meaning everyone went home for 2 weeks without pay, and also a lot of people (all people who had been there for some time and had insurance, vacation etc) were all told same thing "position eliminated" and let go and now have people rehired in the same role. I also just received a promotion and pay raise less than 2 weeks before shutdown so nothing to do with my performance.
My question is can they do a lay off like that claiming positions are eliminated and then advertise exact same thing; pay, description and title.
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paul
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What you are asking is, is it okay for them to lie to you. It not nice but yes. Its a right to work state. |
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Pengy
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Lets put this honestly first an at will right to work has nothing to do with unions, the right to work does, but the employment at will does not. Well my opinion is that they just did not like, or for some reason get along with you or thought that you where not pulling your share, or a thousand other reasons, so the choice being fire you, in which case this can be a long drawn out affair for both of you with the unemployment compensation, or say your position is eliminated thus giving you full rights to unemployment, actually a benefit to you over being fired, also looks better on a resume. Next they can change the position by one thing, rate of pay, description etc and call it a new and improved position thus covering their back. Face the fact you where fired with grace, and without shame accept it and move on. |
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Stephen K
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A right to work state only means a union can't prevent you from getting a job. In your situation you should check with a labor lawyer. If the company hires someone much younger than you then you can make them pay. There are other scenarios which a lawyer (or more information from you) may uncover. |
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Brian A
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Unless you have reason to suspect they discriminated against you for some reason, sure. |
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