If I lay someone off, can I hire a replacement for less money and not offer the job back to laidoff?
Full Question:
If I lay someone off, can I hire a replacement for less money and not offer the job back to the person I have laid off?
01/28/2009 |
Category: Employment |
State: New Jersey |
#15090
Answer:
Generally, as long as an employee is not wrongfully discharged, the position may be filled with another employee at a lower wage, unless prevented by wage standards under a collective bargaining contract with a union, prevailing wage laws, etc. For example, an employee may be wrongfully discharged, in violation of an employment contract, collective bargaining agreement, or for discriminatory reasons based on age, sex, race religion, nationality, or disability. However, an employee who is not wrongfully discharged may not bring a claim against an employer merely for being replaced by a lower paid employee.
