If a company lays you off, are they obligated to rehire you if a job
you can do becomes available?

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Request for Question Clarification by weisstho-ga on 23 Aug 2002 13:44 PDT

What country or state are you in, please?  Are you a member of a union
and is the employer a signatory to a collective bargaining agreement
with a union?
weisstho-ga

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Clarification of Question by abheath-ga on 25 Aug 2002 22:40 PDT

I'm located in Alabama.  No, I am not a member of a union.  I had been
with the company 10 years and out of nowhere was laid off.  I always
thought that a lay off meant that when there were jobs available
again, you would be given a chance at those jobs.

First of all, my condolences.  I know from personal experience what
it's like to be laid off, and it isn't fun.

The basic answer to your question is "no, but."  There is no general
legal obligation for an employer in Alabama to rehire anybody, but
because there are possible exceptions you should talk to an attorney
with a knowledge of labor law.

Alabama is what is known as an "employment at will" state, which means
basically that an employer can hire and fire for any reason.  But
there are exceptions:

-- If the method of hiring (or rehiring or firing) violates an
anti-discrimination law.  You're not likely to have a case here unless
you can show you've been singled out for some discriminatory reason
such as race, age, religion or sex.

-- If there's a written company policy that can be construed to be a
contract. If your company has an employee handbook or some such
document, it might give you some rights you otherwise wouldn't have
(or, quite possibly, it might clearly state the company's position
that it doesn't have to rehire).

-- If there's a union agreement that restricts the employer's actions.
 This doesn't apply to you.

-- If, by not rehiring, the employer's actions violates an implied
covenant of good faith and dealing.   This exception, which has been
recognized in  Alabama, is an unusual one, especially in the U.S.
South.  It might be a good argument to make in a case like yours; the
idea would be that your 10 years of good work have somehow obligated
the company to treat you well.  Enforcing your rights under such a
doctrine might require a lawsuit, however.

The document linked to below explains various exceptions to employment
at will and how they apply in each state. You should find it
informative.

The employment-at-will doctrine: three major exceptions
http://www.bls.gov/opub/mlr/2001/01/art1full.pdf

Here'a another more general article on the subject, written from an
employer's perspective:

Rehiring Laid-Off Employees
http://www.entrepreneur.com/Your_Business/YB_SegArticle/0,4621,294844,00.html

The bottom line is that you don't have an unequivocal legal right to
be rehired.  But the company arguably could have some obligations,
especially if it has a written employee policy that requires rehiring.
 An attorney experienced in labor law could tell you what rights you
may have based on the specific cirumstances of your layoff.

Best wishes, and I hope you're rehired soon!

Sincerely,

mvguy







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