Just wondering the difference between being layed off and being fired. I know someone who was layed off and now they are already filling the position. On top of that, another person put their two weeks in from that same place and they are now looking for a replacement for that person. These are all the same positions and the person who was layed off was so not because they were a bad employee or even really financial reasons but for a culmination of reasons- and was asked to come back after - well after their baby was born. My question is can this place hire a new person to fill either of the positions without first asking the person who was layed off? This person was layed off almost a month ago now--- am I wrong or if the company has to fill positions within a year don't they have to offer the position back to anyone who has been layed off? Or not? What is the difference here between being fired and layed off? Also- if it matters, this is in Nebraska.
2007-11-26 13:32:10 · 5 answers · asked by Rai 4 in Politics & Government ➔ Law & Ethics
So if someone can be fired at any time for any reason--- again what is the difference from being told you were "layed off" to being "fired" ?
2007-11-26 13:57:27 · update #1
It does matter - labor law is VERY State-specific.
Nebraska is an "Employment at will" State. That means that an employee can be fired for any reason not specifically prohibitted by law, and replaced right away.
Richard
2007-11-26 13:38:23 · answer #1 · answered by rickinnocal 7 · 1⤊ 0⤋
Even in an "at will" state, if the employer is a larger company, more then so many employees (I don't know the number) and they set precedence by only firing if after a succession of discipline matters, if after a probationary period, (verbal warnings, write ups, etc.) or if it is in their employee manual, then this could be wrongful termination. You need to check with an attorney.
2007-11-26 21:50:36 · answer #2 · answered by Beau 6 · 0⤊ 0⤋
sounds like they didn't want that person working there anymore, and by laying them off they actually did them a favor, In most states when you are lay-ed off you can draw unemployment benefits right away, but if you get fired, you must wait 6 to 10 weeks and some states don't give you unemployment if you were fired.
2007-11-26 22:12:26 · answer #3 · answered by Claude D 3 · 0⤊ 0⤋
difrent jopbs have a thing called tenoir and thats a period of time where if they decide they don't want you to work for them anymore they just get ride of you and they don't need a reason
2007-11-26 21:35:23 · answer #4 · answered by staples_92 4 · 0⤊ 0⤋
yes. they are called scabs, well they were called that now their just called illegal immigrants
2007-11-26 21:35:56 · answer #5 · answered by sabzilla 2 · 0⤊ 0⤋