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Originally Posted by Mr.HappySilp Well they could fire you and have someone replace with a lower salary. I am not 100% sure but I read it somewhere that if you got let go due to shortage of work and now the company wants to hire again because there is more work now they have to try to hire the people they fire first before hiring someone new.
Is to prevent company from firing someone simply their wage is too high and the company is trying to replace them which a new hire who works for less. |
The only reason I see an employer attempting to re-hire the laid off employee is to prevent EI from suspecting that the employee requested a laid off for EI benefits. But this is not very likely.
About suing the employer for hiring someone to take your place? Not likely, unless there is a contract with the employer stating these restrictions or conditions, or being in a union, maybe?
I never heard this before though, that an employer must hire the employees he fired/laid off before hiring someone else. When an employee is laid off for a specific amount of time (I forgot how long), the employee is considered dismissed and the company will give them compensation based on their length of service.