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