How long do I have to wait after a Layoff?

scantey

Does anyone know the "proper" amount of time that has to pass before we can hire for a position after an employee has been laid off? We recently had several layoffs and now it is determined that a position was eliminated that was essential. They have decided that they do not want to bring back the employee that was in that position but would rather hire outside the Company. It has only been two weeks.

Theresa Gegen TX

There is no magic time frame. If business conditions change or a need arises, you can fill a position. BUT the employee who was let go could claim that the layoff was a pretext for unlawful discrimination. For example, if the employee let go was a minority, and the new person is not.

I suggest that you fill the position with the most qualified applicant. If the employee who was let go is the most qualified (and he or she applies for the position), then he or she should get it. But I am guessing from your post that the employee let go also had performance issues (and that would be why management does not want him or her back). Those can be considered as legitimate reasons not to hire that employee back.

Good Luck!!