What are the laws about re-hiring employees recently laid off?
December 23rd, 2011 | 
Author: Question by Matty B: What are the laws about re-hiring employees recently laid off?
I have a friend who was recently laid off from a job at a nursing home. She worked there for several years. She has just found out that someone was hired for her position. I live in ohio, and i know ohio is an “at will” state, but i spoke to an attorney a year back who told me this was illegal if the lay off was due to “financial reasons”. Anyone know if she has a case?
Best answer:
Answer by Reena
She can not be denied unemployment benefits but in an “at will” state she has no legal right to get her job back irregardless of the circumstances of her lay off or whether or not they hire somebody else later.
“At will”l means that both parties, at any time and for no apparent reason, can terminate the working relationship.
The employer has the right to choose who they hire. They can, if they want to, choose to rehire people that were laid off…. but that is not a “must”.
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There are none. Only union jobs specify laid off personal must be rehired before anyone else.
Possibly you and the lawyer miscommunicated. There’s no law that someone laid off has to be hired back no matter what the reasons were for the layoff. The exception would be if there’s a union contract that covers that – that might be what the attorney was talking about.
Unless she has a contract that says laid off employees will be offered their jobs back before someone new is hired, she has no case.