Can a employer lay you off and then rehire someonelse?

Asked about 4 years ago - Collegeville, PA

I was layed off 1 yr in April, was told for lack of work, he tried to deny me unemployment for "Poor Workmanship". I fought it, proved my case and am able to collect UE. Not to long after I was layed off, he hired his sister who is now doing my job. I called the office and got proof she is doing my job. Is this illegal?

Additional information

Can you eloaborate?According to UE, If he were to offer me my job back while I was collecting unemployment and I turned him down, Unemployment would refuse my UE benefits. I was under the impression that if he has no work, and layed me off, he had to offer the job back to me before hiring someone else. Why should he be able to get away with it, it isn't fair.

Attorney answers (1)

  1. Cary Bartlow Hall

    Contributor Level 14

    Answered . No. Best of luck to you in finding other employment . . . .

    Cary B. Hall, Esquire
    Law Offices of Cary B. Hall, L.L.C.
    121 East Chestnut Street, Suite 205
    Souderton, PA 18964
    T: (267) 663-9995
    F: (215) 525-4364

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