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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Does an Employer Have to Rehire an Employee Who Was Laid Off

    An employee was fired from his job, and was told by his employer that it was the result of a reduction in force. The employer stated that the employee could apply for other jobs in the company as they came open, and would be considered for those jobs. A position became available and the employee applied. The job was given to somebody else, and the employee was told that they could continue to apply for other positions.

    Does the employer have a legal duty to provide the position to the employee, or to give the employee priority to be rehired, under Utah law?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Does an Employer Have to Rehire an Employee Who Was Laid Off

    The law does not require the employer to give priority to a former employee (fired or laid off) when new jobs become available. Absent a written contract with the employee that guarantees rehiring under specific conditions, or a union contract that does the same, the employer can hire a different applicant.

    The exception would be if the decision is prompted by illegal discrimination -- such as the former employee's race, color, ethnicity, religion, gender, age (>40), or other protected status, although there is nothing in the question that suggests unlawful discrimination.

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