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Laidoff due to lack of business and position filled by previous salesperson Pennsylvania

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  • Laidoff due to lack of business and position filled by previous salesperson Pennsylvania

    Ok this is what happened I was selling motorcycles at a motorcycle dealership and about a month ago I was laid off due to the dealership wasnt selling now mind you I was the only experienced salesperson at the time the other two salespeople they had were both transferred from different departments into sales. So when they laid me off they said it was only due to lack of business and because I was the guy who was employed there for the shortest time period 6 months roughly but during my tenure I sold on average 18 bikes which during the summer. There was another salesperson who worked there when I started who in july left the company to do something else. Now he was away from the company for about 4 months and left where he was and wanted to come back low and behold i am laid off and about 1 month and 2 weeks to the date he is re-hired without me getting a call back even though I got a great referance from the General manager and was told by the owner spring is coming we will be busy soon. Is there anything i can do about this or is it just an oh well situation. thanks for any input.

  • #2
    It's an oh, well situation. Unless you had a bona fide contract that guarantees you first rehire rights, they are free to hire whomever they like when business picks up again. The law does not grant you guaranteed rehire rights or say that you have to be rehired first.
    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.

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    • #3
      thank you

      thank you for your response pretty much that is what i thought but wanted to know for sure it still stinks that they can do that but oh well life goes on

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      • #4
        Originally posted by fht08
        ;it still stinks that they can do that
        Yes, it does, but you have proven yourself as a salesperson and there are companies that would just LOVE to have you come work for them.

        Good sales folks are hard to find.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          thank you for the vote of confidence

          I think it got me upset since I wasnt even called back and then to get replace by the guy who up and quit and had a bad work ethic just really upset me. But on a good note no a great one I actually did find a position not in sales but an Account manager so no more nights and weekends and sicktime and vacation time which is nice to have

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          • #6
            Originally posted by fht08 View Post
            not in sales but an Account manager so no more nights and weekends and sicktime and vacation time which is nice to have
            Accounts managers are sales folks, in another form.

            But it is great that you got a job offering you more than what you had.

            Your ex-employer will suffer as a result. Tough.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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