Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

bamboozled! North Carolina

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • bamboozled! North Carolina

    I was laid off my job in Sept (the 11th, go figure). I was told that the dental office I was working for was not producing enough so they had to "lay off" someone. It was also explained to me that I was chosen because of being the last one hired. It didn't matter that my performance was far better than the girl who had seniority. Anyhoo, I was also told that I could come back if the office started producing. However, I have since learned that the slack employee that was chosen over me was terminated due to her poor performance and attendance. Instead of being called back for re-hire the office mgr decided to hire someone else. That someone else just happens to be the daughter of another employee of one of the other offices affiliated with the dental company. Is there anything I can do about this? I feel really bamboozled and discriminated against being that I was the only black employee in the office. Please help. I am a single mother of 3 children and have yet to find another job.

  • #2
    Originally posted by laidoffinnc View Post
    I was laid off my job in Sept (the 11th, go figure). I was told that the dental office I was working for was not producing enough so they had to "lay off" someone. It was also explained to me that I was chosen because of being the last one hired. It didn't matter that my performance was far better than the girl who had seniority. Anyhoo, I was also told that I could come back if the office started producing. However, I have since learned that the slack employee that was chosen over me was terminated due to her poor performance and attendance. Instead of being called back for re-hire the office mgr decided to hire someone else. That someone else just happens to be the daughter of another employee of one of the other offices affiliated with the dental company. Is there anything I can do about this? I feel really bamboozled and discriminated against being that I was the only black employee in the office. Please help. I am a single mother of 3 children and have yet to find another job.
    The only option you have is to look for another job. There isn't a law that states what method an employer uses to impose a lay-off (last hired, first out) is a typical method, regardless of performance and there isn't a law that states an employer must call you back either. You haven't described anything that would constitute illegal discrimination.
    Somedays you're the windshield and somedays you're the bug.

    Comment


    • #3
      The law does not require that you be hired back before they can hire someone else. If they want to hire the daughter of an existing employee before calling you back, they can do that.

      Unless you have a valid and supportable reason to believe that if you were of another race, you would have been rehired instead of their hiring the other employee's daughter, this does not constitute illegal discrimination.
      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.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X