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.
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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