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Employment Law/Layoff and recall


I was recently laid off due to lack of work, and was told if the work load picked up we might be called back to work. My question is, if work picks up does the employed have to give you your job back before they post that same job in the paper or on a website? I live I the state of Michigan.

Lori - Unless you are in a union with provisions for call backs, you have no right to be rehired.  It's entirely up to the employer who to hire for a job, and if it wants to look outside the pool of previous employees, it has the right to do so.  If you are in a union, the employer usually has an obligation to former employees before looking to others.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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