Question: can i layoff an employee and rehire another for the same job? basically, I am asking this from the employers standpoint, but I want to know if I can be laidoff & receive benifits, while my employer rehires for my job with a different title & wage attached.

Answer: There are two differences between being laid off and being terminated, is how you are treated for the purposes of unemployment insurance. \n\n1. A person who is laid off is entitled to unemployment compensation benefits, while a person who is terminated for a justifiable reason, (i.e., "for cause") is not entitled, because that person brought the loss of employment on him/herself.\n\n2. A person who is laid off in a "cause" jurisdiction, i.e., a State in which an employee cannot be terminated for a reason unrelated to their employment, is entitled to sue for "wrongful termination," if the employee can show that the employer used the layoff as a means of avoiding the cause requirement associated with a termination.\n\nHowever in an "at-will" jurisdiction, an employer needs no reason to terminate an employee, and the only time that an employee can sue for wrongful termination is where there is a strong public interest in ensuring that employees are not terminated for unjust reasons, such as where an employee is terminated for revealing an employer's discriminatory hiring practices.\n\nOther than the above, being laid off and being terminated are exactly the same. There is no implied warranty that you will be rehired for the same job.\n\nSo, in order to answer your question, you would need to know if you are employed in a "cause" jurisdiction. If you are, you may have a case for wrongful termination. Otherwise, you probably don't.\n\nBut, if you're concerned, see an employment lawyer licensed to practice in your jurisdiction.
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