Can an employer hire someone to replace a laid off employee and hire them at a lower wage?

Asked over 5 years ago - Manchester, NH

I was laid off from my job of 9 years in the construction field a month ago. I believe my employer is using temporary laborors to do my old job. I also believe he may be looking to hire someone new to replace me, however at a lower wage. Can an employer do this, or is he legally obligated to call me back to work and offer me my job back under the same conditions of my previous employment before hiring temp people or new employees? I thought laid off workers had first dibs on their old jobs per the terms of being temporarially laid off? I thought that was the difference between layoffs and termination?

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . An employee at will can be fired for no cause at all. Without a union or an employment contract you have no recourse.

    Discrimination based on gender, age, race, religious beliefs etc.. may give rise to a different answer.

    Good luck to you.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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