I was laid off 7 months ago due to lack of work, and the company is now hiring that same position. Don’t they have to call me back?

Posted 05-12-2010

Ann Kiernan replies:

Sorry to tell you, but not necessarily. If you were a union member, your recall rights would be spelled out in the collective bargaining agreement. If the company has an established practice of recalling laid-off workers before making new hires, you might have a claim for wrongful treatment. If the company called back only some workers, and based the recall on race, gender, age, sexual orientation, or another protected characteristic, you could have a case for illegal discrimination.

You may want to consult a local employment lawyer to find out more about your rights. Good luck with your job search!


Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.