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Does my employer have the right to hire someone new when I was laid off less than 2 months ago?

Scranton, PA |

My husband & about 40 employees have been laid off less than 2 months ago. The employer has just listed their same title positions, in the same location as open on their careers available website. Do they have the right to hire new employees or should they be calling back their laid off employees first?

Attorney Answers 3


  1. Unless this is a union position, your employer can do anything it wants. PA is an at-will employment state.


  2. He has the right unless there is some union seniority system or other contractual obligation to hire back by seniority. However, and this is a big however, some Employers lay off workers who are older or have disabilities and then start hiring young and/or healthy workers. Comparing the ype of hires with those laid off may reveal as case.


  3. Unless it is required by the collective bargaining agreement or state law, the employer has no obligation to recall laid-off workers. Under the circumstances you describe, it can be useful for a skilled attorney to conduct an age-discrimination analysis.

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