Full question:
If I lay someone off, can I hire a replacement for less money and not offer the job back to the person I have laid off?
- Category: Employment
- Date:
- State: New Jersey
Answer:
Generally, as long as an employee is not wrongfully discharged, the position may be filled with another employee at a lower wage, unless prevented by wage standards under a collective bargaining contract with a union, prevailing wage laws, etc. For example, an employee may be wrongfully discharged, in violation of an employment contract, collective bargaining agreement, or for discriminatory reasons based on age, sex, race religion, nationality, or disability. However, an employee who is not wrongfully discharged may not bring a claim against an employer merely for being replaced by a lower paid employee.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
