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legal matter?......
Last october, my boyfriend got laid off from his job that he had been at for 5 years. (The reason they chose him to be laid off is BS because it was for personal conflict reasons within the company but that is another story). anyway, the company promised him his job back after the slow winter season.(he could return in spring). I would like to add that he is well known and known to be on top at his trade within this county. He collected unemployment but opted to wait for his job back because he was getting paid better at that company than he would at any other(almost twice as much on a good month). Well, spring has sprung and we recently saw an add in the paper hiring for his position. He never was officially fired, and his pic is still on the wall at work. Question is, is this illegal and should he do something about this? He even called them and asked if they had hired anyone and it was a simple "no", and it did not sound as if they have any intention of giving him his job back. if this helps, the business is a cooperative and he is a share holder.
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Sounds to me as if they took the opportunity of a lay off to get rid of him. He needs to call and ask if he will be back to work soon. If they say no then he should move on.
You can speak to a lawyer about it. Chances are that unless he is a union member of some sort, he no longer works for that company. He may get something out of it, but its doubtful. Unfortunately, most companies can hire and fire all they want to. He just had a boss who was to chicken to come right out and say so.
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Dear legal matter!
The problem with the laws pertaining to layoffs is sketchy at best. If they didn't fire him per say, and had agreed to bring him back after the slump than I would have to say that they are breaking the law. However, if your Boy friend and his employers didn't sign a document stating that they would bring him back, than really there is nothing you or he can do.
It should also be stated that the laws pertaining to employment matters differ from state to state. In the state of Maryland there is a thing called "at-will employment", which is basically a fancy term for "we can fire you whenever we feel like it". The fact that they have kept his picture up on the wall is very strange, because they are still Advertising your boy friends skills. It's like saying "come see this guy, he's the best" and when they come in to see him, it's like they're being duped. So in context they are creating false advertising by keeping his picture up there, and making things worse for you guys because it's giving the two of you false hope that he'll return to work.
My advice for you is to Hire a lawyer! and see what comes from it. Good luck
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