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!


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