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

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?

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Attorney answers 1


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.

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