Hire within 6 months - wrongful termination? Nevada

[Nicolehart]

I heard that if you are fired for a particular reason - i.e., reduction in force, the company is not allowed to hire another person in that same position and area for 6 months. Is this true and if so, what are my options? Wrongful termination?

[cyjeff]

Wrongful termination is one in which a person is fired because they are a member of a protected group... race, national origin, etc...

This is not such a termination and, therefore, can not be classified as wrongful.

Are you covered under union or CBA guidelines?

[turbowray]

Originally Posted by Nicolehart

I heard that if you are fired for a particular reason - i.e., reduction in force, the company is not allowed to hire another person in that same position and area for 6 months. Is this true and if so, what are my options? Wrongful termination?

Maybe in the union. I could see a business getting rid of that title of position, but training others to do that work load, it doesn't just dissapear. My husband is in the union, and I THINK he said if he got fired (he is a concrete finisher), that they would be saying that they don't need a finisher anymore. I could be wrong because this is kind of third party information. In my place of employment, about 7 years ago, they got rid of positions, and people, and then they trained the rest that were left, to take on parts of the positions duties. It was big time budget cuts! It was legal, and we are not union.

[Nicolehart]

Originally Posted by cyjeff

Wrongful termination is one in which a person is fired because they are a member of a protected group... race, national origin, etc...

This is not such a termination and, therefore, can not be classified as wrongful.

Are you covered under union or CBA guidelines?

I am not in any union and I don't know what a CBA is so I imagine I am not. I just heard that if you were fired for "reduction in force" and they hired someone new for that same position within 6 months - you could take legal action.

[Nicolehart]

Originally Posted by turbowray

Maybe in the union. I could see a business getting rid of that title of position, but training others to do that work load, it doesn't just dissapear. My husband is in the union, and I THINK he said if he got fired (he is a concrete finisher), that they would be saying that they don't need a finisher anymore. I could be wrong because this is kind of third party information. In my place of employment, about 7 years ago, they got rid of positions, and people, and then they trained the rest that were left, to take on parts of the positions duties. It was big time budget cuts! It was legal, and we are not union.

I could see if they trained someone else in the company to do my job, I wouldn't consider that hiring another person. But if they actually hire a person to do the same job (non Union) can't I take some type of legal action? I mean - that would be just plain mean!

[turbowray]

I am hopeing that Ellemd, Pattymd, or CBG, will be along to answer that because I really do not know if there is a law against it. I am now understanding your wording on that. I don't know if there is a time limit before they could fill a position they said they were terminating (and not by co workers taking over the job duties).

[Nicolehart]

Originally Posted by turbowray

I am hopeing that Ellemd, Pattymd, or CBG, will be along to answer that because I really do not know if there is a law against it. I am now understanding your wording on that. I don't know if there is a time limit before they could fill a position they said they were terminating (and not by co workers taking over the job duties).

Reason I am wondering about Nevada because in Texas, an employee who was fired may take recourse on their prior employer if they hire someone else within 6 months. I just can't find where it would say that in Nevada.

[Pattymd]

It's not true in Nevada or any state that I know of. Do you have a link to the law that says it's true in Texas?

[cbg]

There's no such law in Texas or any other state.