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Rehiring after layoff..is it legal to be rejected?

Discussion in 'Canadian Labour Legislation' started by Loulou79, May 5, 2016.

  1. Hello,

    I had a one year contract with a company. Almost two months prior to the termination date, I signed another one year contact with them. A few days before the termination date of the first contact, the company downsized its operation and I was laid off. A new opening has opened up and the Manager of that position has called me and asked if I was willing to sign a 6-month contact for that position. Upon agreeing, I received a call from the recruitment agency to ask for my approval before drafting the contact.

    A week later, I was advised that the HR rejected me on the grounds that I was among those who were laid off and that rehiring me would pose a conflict of interest.

    Is it legal to deny me this position, despite the desire of the manager to rehire me, on the above mentioned grounds?

    Please Advise.
     
  2. Of course it's legal. Companies are at liberty to chose who they hire and who they don't. And most companies (at least the large ones) do in fact have HR policies regarding the re-hiring of those who have been downsized or let go / released from contracts for other reasons.
     
  3. I can only guess that it might cause a conflict if they laid off people with more seniority than you have and then hire only you back. The other employee(s) could take them to court.
     
  4. It can also open up the company to lawsuits by the person who was fired and then re-hired. I'm actually not at all surprised at the HR refusal to approve the hire. The same thing would have happened in my company. Perfectly normal and expected.
     
  5. Thank you for your answers. I guess they think we hold grudges for being let go and that I would not work productively and effectively.
     
  6. No - it has nothing to do with that. Again, they are concerned with the legalities of rehiring someone who was just terminated.
     
  7. like what? I was laid off not fired? Its a new position in a different department, why would other laid off employees complain? the only reason they quoted is conflict of interest. my interest and theirs.
     
  8. More than likely the recruitment firm is asking for an additional fee for placing you, which your employer is probably unwilling to pay. There isn't any requirement for them to follow through on the contract, if terms can't be agreed on.
     

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