Layoffs and rehires

FHR

I'm asking this one for a friend.
One of the first "layoffs" that the new manager in my old company made (some of you are familiar with the management style of my former er's)was the store manager in one of our locations. The written and stated reason was the position was eliminated due to budgetary reasons. Within a year the position of store manager came open in our other location. His question is how much obligation does the company have to hire him back for this position?
The truth is that he was laidoff because the new GM just didn't like him. He couldn't fire him because the store manager was/is exemplary.
I'm tempted to advise him to just leave this one alone because I see too many gray areas.
Thanks in advance for any advice.
Cristina

Don D

Absent some sort of promise or contractual requirement, an employer is never under an obligation to hire anyone back. If the terminated employee has reapplied, however, the employer may be called upon in an investigation to show why the applicant was not re-hired if the applicant enjoys Title VII or other protection. For example, if the job was eliminated and the incumbent was, say, a black female over age 40, and 5 months later the position was suddenly filled by a white, 35 year old male, the employer might be in a pickle if it cannot convincingly show non-discrimination.

Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility.

ritaanz

Yo, Don: I think I just mis-read your disclaimer. x}>

Pork

Cristina: Without the store closing, how can there be a lay-off due to budgetary constraints? Advise your friend to certainly go re-apply and wait for the failure to hire a seasoned store manager, just because he was laid off for budget reasons. Truth is as you stated it, he was not the sugar daddy of the direct manager/supervisor.

I regret to this day not putting the pressure on the old company, just because my spouse wanted me to let it go! Make them sweat it out, I hope your friend still has copies of all of the evaluations and raises awarded your friend they may help prove he/she was the best qualified and experience person without any negative proof of this not being the case. He/She may just have a real EEOC case or a Title VII sister.

PORK