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How long must an employer wait to hire for a position they laid off?
May 13th, 2010 | 
Author: If an employer laid someone off but says that they will call when business picks up and then decides to hire someone different for the job instead, how long must they wait?
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- DOES AN EMPLYER HAVE TO OFFER THE SAME JOB THAT YOU GOT LAID OFF FOR
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0 seconds. There is no required waiting period.
With consideration for ethics it would depend on the reason for the lay off.
If laid off for reasons of financial difficulties, it would be in the company’s best interest to re-hire the laid off employee if finances are improved enough to re-hire the same position: if this is the only reason involved.
If the lay off was based on performance the company my rehire immediately.
What ever the case it must have been specified on the separation paperwork.
If there was no separation paperwork the company is wide open for law suits.