Legalities of Lay-off and Position now posted for Hire

So I was laid-off earlier this month, not even 3 weeks later I see a job post for my exact position and confirmed it is from my previous company though my personal sources. The reason the gave me for my lay-off was financial hardships due to Covid. But here they are hiring for my position for immediate hire!? Anyone know the legalities of this? This seems illegal to me, but I’m by no means a lawyer. Any help welcomed!

1 Like

I’m curious to know if this is legal also. My lay-off wasn’t Covid related, but in November I was laid off and only a few weeks later my job was posted online. So I’m just wondering what the laws behind this are and if there is anything protecting people.

They are probably looking to hire someone at a lower-rate than you were. If you work at an at-will state, then them laying off you off and then posting for your exact position seems to be legal, but I’ m not an employment lawyer. From experience, I have been laid-off and specifically been told it was my pay scale was too much for the department new budget when the company was bought out. Lots of high paid, long term employees lost their jobs, and many saw the same jobs posted not too long after.

2 Likes

Yes, I did read that New York is an at-will employment state.
Seems they should give an option to take less pay before letting go if that’s the issue. But I guess that’s a question of morality. Besides that I know I wasn’t the highest paid designer on the team, so guess I’ll never really know why I was chosen.

2 Likes

This is an example of a previous posting I made discussing the limited protections that workers have. Every worker deserves to be protected, by law, from being randomly dismissed. ‘At will’ employment gives carte blanche to companies to terminate anyone at any time for any reason (unless under contract or for blatant violation of anti-discrimination laws). Workers have no recourse. Why do we accept this? All American workers, not only those in the fashion industry. It’s time that American workers demand the same level of protections that our government gives to corporations.

4 Likes

Send in your updated resume for the position and see if you get your job back?
That sounds like bad leadership, and a horrible way to treat employees. Any chance you could tell us the company name in case some of us have applied too?

It was always bad leadership/management. Most likely because it’s a family owned/run company who likes to keep things the way they are because it’s always worked for them money wise.

I’m nervous to give a name as I’m still under my severance pay and don’t want to jeopardize that. But I will say it’s a known footwear manufacturing company. I can revise this come September. :wink:

3 Likes

Just of note…Companies post roles all the time, not necessarily to hire for them. Often they are fishing for “current state talent” or potential to attract talent that they could hire for less. If any phrases of a job description have been altered, or combined with another job for efficiency purpose, it is easy for a company/legal team to defend it’s " a unique job".

2 Likes

I work in footwear too…hopefully haven’t applied for your old job! I doubt they’d take away your severance pay since this is an anonymous forum, but it is an uneasy feeling if you work for a small company where they could narrow it down to 2-3 possible employees who wrote something bad.

At the same time, it’s just business. They have bad management and now searching for applicants to fill in your spot, so they deserve a bad review to have others warned not to work there or to give them any recognition or waste people’s time. I sure wouldn’t want to be unknowingly part of a company that treats employees with such a lack of compassion and lack of respect at their core, and would just fire them off without a second thought. Lack of honesty about what’s really going on in the company. Or they might have been wanting to fire you all along, for whatever unknown reasons, and gave no indication of it until covid suddenly opened up an opportunity for them to get rid of you. I’ve had bosses that would routinely have sudden fits of rage and then an hour later they’re so calm it was as if nothing happened and they’re cheering on the team.

2 Likes

I could guess who they are…shady companies don’t deserve you. So I wouldn’t recommend reapplying although I do a agree that Americans need to push back on this type of behavior from employers. Being cheap in how they operate and pay employees always backfires for the company.

2 Likes

most jobs are at-will so the company can lay you off for whatever reason, and most likely they did let you go for covid related reasons. they then chose to hire someone for MUCH LESS.

During normal times, employees would have a lot more in the way of recourse. With the pandemic, companies are just trying to stay alive and the local jurisdictions understand this.

…and, you can’t get blood from a stone.

All employment is at will
They may wanted someone with lower pay ?
If you are willing to work for lower pay , let them know that may take you back.

1 Like

I wonder if they took a PPP loan from the government. If they did, they might be scrambling to fulfill the requirements for head count or something to make sure they can get the forgiveness.

It does suck, it is possible it was just a way to make getting unemployment easier? Laid off vs fired?

1 Like