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Laid off due to lack of work but....... Delaware

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  • Laid off due to lack of work but....... Delaware

    I left a job due to intimadation and harrasment from a few other employee and it wasnt being dealt with in a proper or timely manner, So I decided to go else where .. I wonder if there is a suit I can file against this company?

    I went to this brand new Company with promise of lots of hrs and work no matter what, but due to the company not doing so well they had to let a few people go! SO I recieved a call telling me that cause of lack of work she had tro let 4 people go and she said when work picks up we She will let me know.

    Well this week I got a call from a friend who still is employed there ask me if I was coming back I said No! what are you talking bout. She said that work had picked up and that a person who Quite 2 times to work else where has been re-hired? and that the superviser had ask her how do you feel if I brought (me) back.. but I heard nothing!

    Well now me and the 2 others who had got laid off is wondering what id going on? laid off collecting unemployement check and rumors that business has picked up and they already re-hired some one who started after us 3 and also quit.
    IS there anything we can do? File a complaint , we all feel we have been wronged, We all never missed a day of work and never turned down days to work when we was off worked tirelessly day and night so they can get this place ready to open... ANd people that they didnt laid off are people who 1 called off more then 1,2,3 days , or was slow and caused more work for other. We kinda feel it may be our wieght cause we are all round figured woman but that never interfered with are performance. But who know thats speculation considering our superviser is round herself,

  • #2
    Unless you had a bona fide, legally binding contract or CBA that specifically said otherwise, the employer was not required to rehire you when worked picked up again. The law does not require that former employees be rehired before new hires, or dictate the order in which former employees are returned to work.

    Weight is not a protected characteristic in any state except Michigan (the District of Columbia protects personal appearance, which can include but is not limited to weight).
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.