My husband was laid off a few months back. His employer told him that he would be rehired around the first of the year of 2007, and when he applied for unemployment compensation he had to report this so that he didn't have to fill out anything on prospective employers on his vouchers. He was told by Workforce Development that this wasn't necessary when he was given a rehire date.
Now, his previous employer is trying to renege, saying that they may not rehire him. If my husband had known this to begin with, then he would have been looking into finding another job during this time, rather than waiting around for the date he was told he would be rehired.
So my question is: does his employer have to carry out this agreement of rehire, or is my husband essentially SOL? We live in Indiana, if that helps any, and Indiana is considered an "at-will" employment state. Is there really anything that he can do? Any feedback would be greatly appreciated. Thanks in advance.
2006-11-30 14:45:53 · 6 answers · asked by browneyedkitten1980 1 in Business & Finance ➔ Careers & Employment
Also, I wanted to add. My husband isn't opposed to finding another job, so that's not the problem. But he loved his job with this company and it can be difficult to find employment in our area in his line of work. So he was looking forward to having his job reinstated, especially after being told that he would. Thanks again.
2006-11-30 14:48:11 · update #1
Also...this wasn't just a verbal "promise", either. He was given a written statement of rehire. This wasn't a notarized letter, so I don't know if this makes a difference or could be anything really legally binding.
2006-11-30 14:54:40 · update #2
As for the reason for the lay-off, the company he was employed with felt that they needed to downsize until business picked back up, so they laid off the entire night shift. I appreciate everyone's feedback and sentiments. It's greatly appreciated.
2006-11-30 14:59:32 · update #3
I work in HR and since your state is "at will" there is no binding agreement that a employer has to rehire him. Now if they signed a contract to the conditions of rehire, that is a different answer. I suspect that they did not sign any agreement so SOL would be correct. Depending on the reason of the layoff he may be able to continue unemployment benefits for the full time allow giving him time to find other employment.
2006-11-30 14:52:00 · answer #1 · answered by Wess B 1 · 0⤊ 0⤋
If he would have had a written statement saying they would rehire him at a specific date then they could not renig, but I was laid off from a position and I got called back one day before they would not call me back....after a year of being laid off the company would not call back. Basically, if I were your husband I would find another job. By the way, I live in Indiana too.
2006-11-30 22:52:32 · answer #2 · answered by mistyblue352001 2 · 0⤊ 0⤋
Hello,
I am very sorry for your current situation. A person's employment is such an important part of a person's life. Because of that I would strongly urge you to contact a labor lawyer. You have asked a number of legal questions, important questions. The situation as you have described it is too important to try and figure out on your own.
As I understand the situation I do not think that an "at-will" employment is that unusual in the U.S. But again, it is important that you let a labor lawyer help you with that. Believe me, it will be money well spent.
I hope that this helps.
2006-11-30 23:04:18 · answer #3 · answered by dazed&confused 3 · 0⤊ 0⤋
I'd check with a lawyer. But I'd say your SOL. Unless he has something signed saying the will rehire. They probably have no obligation based on an "alleged" verbal promise.
2006-11-30 22:48:59 · answer #4 · answered by dudeman 4 · 0⤊ 0⤋
No, the company "promise" never was worth the breath it took to say.
Obviously hindsight is 20/20, he should have gotten another job anyways, and then if he was called back to work, could have quit and gone back.
Sorry, especially around the holidays.
2006-11-30 22:49:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Unfortuanetly companies can fire and hire to their discretion and there is nothing that you or anyone can do about it. You can consult a lawyer to see if there is anything that can be done about it, but that is costly. I would encourage your husband to get his resume together and hit the pavement. I am sorry to hear about your husband's situation and wish the both of you the best of luck.
2006-11-30 22:54:05 · answer #6 · answered by jhglittergirl 2 · 0⤊ 0⤋