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Laid off, but employer will not rehire

Lexington, KY |

I am seeking advice for a relative who has been laid off from his job for about 3-4 months. Before he was laid off, his employer told him that they would call him back to work (no specific date), yet his position has been posted in the classified ads for weeks now. He was not part of a union and he had been on this job for nearly 7 years.

He was told by an employee who is still with the company that dozens of people have come and gone, yet the company is too ashamed and embarassed to call back the workers who were originally laid off to fulfill the jobs.

Is there anything he can do? He is receiving unemployment benefits, but he really wants to go back to work.

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Attorney answers 1

Posted

Most employees are employees "at will" in their employment. This means the employee can walk away from the job at any time. But this also means the employer can terminate the employment at any time as long as the action is non-discriminatory and can change the conditions under which work as long as no laws are violated. So, unfortunately, your relative even after 7 years of faithful service has no "right" to be re-hired.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.