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Old 11-25-2009, 06:45 AM
 
3,651 posts, read 5,226,557 times
Reputation: 2581
Default Need a good business law/corporate type lawyer

My company laid me off earlier this year. Now I find they are hiring to the same position as well as 2 other positions which are doing same job I did but in diff areas of the company, and are seeking outside hires (I was accidentally emailed on this...oops). I'm pretty sure that is not what "layoff" means. Interested in legal recourse.

Anyone? Thx
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Old 11-25-2009, 07:25 AM
 
Location: Chapel Hill, NC
8,118 posts, read 11,205,471 times
Reputation: 7079
I'm not qualified to give legal advice, but I have an advanced degree in telling other people what to do via anonymous discussion board postings .....

While some companies have internal rules against "backfilling" laid off positions, there's nothing illegal about it, assuming they didn't choose to lay you off for reasons that are unlawful (gender, race, age ...). [Note this does not apply in a unionized environment] While layoffs are stated to be a reduction in the number of employees, companies often use them to weed out underperforming employees. (I've heard companies use terms like "pruning for growth" and "weeding the garden" to describe their lay-off programs.) I'm not suggesting that applies to you - just know that motives and stated reasons are not always the same. Also, things can change within a few months that lead a company to hire into positions it eliminated only a few months earlier.

If you do decide to seek out legal advice, you want to look for a employment lawyer rather than a corporate/business lawyer.

Good luck to you.
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Old 11-25-2009, 07:33 AM
 
1,077 posts, read 1,642,066 times
Reputation: 824
Quote:
Originally Posted by joey2000 View Post
My company laid me off earlier this year. Now I find they are hiring to the same position as well as 2 other positions which are doing same job I did but in diff areas of the company, and are seeking outside hires (I was accidentally emailed on this...oops). I'm pretty sure that is not what "layoff" means. Interested in legal recourse.

Anyone? Thx
I would suggest you look for an Employment Lawyer, but before you start spending money think whether or not you will be successful or just wasting time and money. When you say you were laid off 'earlier this year', when was it? the economy has changed dramatically in the past 12 months and if you were laid off during the downturn then that would be deemed a reasonable action by your ex-employer. Now, as the economy and business improves, it is their right to determine the profile of employees they require to meet their future business needs, which maybe a different profile to what they had before. Just my 2 cents but good luck whatever you decide.
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Old 11-25-2009, 10:25 AM
 
Location: Knightdale, NC
3,373 posts, read 3,561,785 times
Reputation: 2576
Quote:
Originally Posted by joey2000 View Post
My company laid me off earlier this year. Now I find they are hiring to the same position as well as 2 other positions which are doing same job I did but in diff areas of the company, and are seeking outside hires (I was accidentally emailed on this...oops). I'm pretty sure that is not what "layoff" means. Interested in legal recourse.

Anyone? Thx
CH - I love your reply, too funny!

Joey - have you contacted the co's HR dept to ask if you are eligible for re-hire? Are you considering legal action b/c you think they won't rehire you or b/c they didn't contact you to tell you they were hiring?

If you are not eligible, then ask why...this should determine your next step. If you are, then apply for the job, see what happens..then consider legal action if the outcome isn't what you'd consider fair. But, only if you have had stellar reviews, no write up, nothing they can state is the reason they won't rehire you, otherwise you'll be wasting your money. Know that the NC labor board can help with some issues, ck out their website before going to a lawyer.

Also know that in NC, the laws don't really favor employees. If your case went to court, it could take a couple of yrs. While I only know this from what I've read and heard, it's pretty safe to say you might be wasting your time with a lawsuit. I'd focus on the positive, re-apply, and then move on if it didn't work out. Sorry, probably not what you wanted to hear? Best of luck!
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