Remember that group of employees laid off a few months ago? One has applied for a new job opening and was not rehired. Now that employee is claiming that the company has engaged in unlawful, discriminatory action in failing to rehire her. This scenario is all too real. Indeed, Gonzalez v. Molded Acoustical Products of Easton, 118 FEP Cases 877 (E.D. Pa. 2013), a recent case out of the U.S. District Court for the Eastern District of Pennsylvania, should remind employers of the risk exposure associated with hiring for positions that were previously impacted by reductions-in-force.

Broken Employer Promises

The employer in Gonzalez laid off more than 100 workers in December 2008 because of poor economic conditions. At that time, the plant manager indicated to the plaintiffs that they would likely be called back to work in early 2009, according to the opinion. However, in April 2009, the vice president of finance formally terminated the affected workers, noting in letters to the workers that no recovery to the company’s former workload was likely in the near future. Significantly, the VP further advised the laid-off employees in those same letters that “it does not mean that you will never be rehired by [the company].” The VP did not stop there. He further stated: “If and when [the company is] in a position to offer your job back to you, [the company] will contact you to see if you are available.”

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