Full question:
If my former employer laid off three employees and kept three hired after me and then hired the person that is here illegally back and i worked there for 4 to 5 years longer than the illegal alien . Is there anything i can do about it?Considering i did his job better and longer and I was his supervisor.
- Category: Employment
- Date:
- State: North Carolina
Answer:
If an employee does not have an employment or union contract, they are typically considered at-will employees. This means they can be laid off or have their pay reduced for any reason, or even no reason, without notice. If a contract, like a collective bargaining agreement, applies, it may require employers to provide fair warning regarding performance issues that could lead to dismissal and outline procedures for layoffs and rehire.
Generally, if an employee is not wrongfully discharged and the terms of any contract are not violated, an employer can fill a position with another employee, even if that person is less qualified. Wrongful discharge claims can arise if the termination violates an employment contract, a collective bargaining agreement, or if it is based on discriminatory reasons such as age, sex, race, religion, nationality, or disability.
However, if you are not wrongfully discharged and do not have specific contractual rights regarding rehire, you may not have a legal claim against your employer simply for being replaced by another employee, regardless of qualifications.
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.