Legal Recourse for Employer Re-Hiring for the Same Position I was Laid Off for?

Maybe.  Firing someone for redundancy and then hiring someone else for the spot can be evidence of pretext.  On the other hand, if they laid you off when business got bad, and then business got better to the point that they reopened the job several months later, that suggests the absence of pretext. Pretext matters in discrimination claims because it suggests that the employer’s supposed reason for firing you was not the real reason.  However, to make out a claim for discrimination (based on race, gender, religion, ethnicity, national origin, age, disability, military service, or other protected categories), it helps to have evidence that your supervisors had discriminatory attitudes toward members of that class of people.  Please call us to schedule a consultation so that we can work with you to identify possible evidence of discriminatory motive leading to your termination.