2 posts Posted 10 March 2014 - 01:06 PM the guy that was hired after me was laid off then iwas laid off then the guy in front of me was laid off. the guy in front of me moved miles away got other job. so when call back came around the employeer call the guy that was hired after me back to work.he has worked around 4 years and ive been thers 10 years. I was not given a reason why they called him back before me. they just said that didn't have enough work for me. keep in mind that me and him does the same job. Im saying cause im a girl and hes a guy. That's the way im taken it. DISCRIMINATION NEED TO KNOW WHAT TO DO ! 58,681 posts Posted 10 March 2014 - 01:14 PM The law doesn't require the employer to re-hire at all, let alone in order of being let go. It may be that someone used the excuse of "lay-off" as a reason to get rid of you without needing to be up front about them just wanting you gone. It may be that you lasted so long there because of your gender, whereas someone may have wanted to let you go far sooner and thought they needed the cover of "lay-off".
Naturally, if you believe you've been discriminated against simply because of your gender -- and it would seem damn odd that they'd wait a decade to do anything in that regard, let alone *post*-termination, you've presumably googled the topic of gender discrimination and know you're free to file a complaint with the EEOC and state equivalent. However, you need to weigh what the actual likelihood that this is the issue given the longevity of employment. (The bottom line is that even if you had offered info to indicate a legit gender discrimination issue, such lawsuits are a matter of public record and thus the plaintiff has to be prepared for all the unintended consequences of pursuing ... namely, among other things, never again being able to land another job with a place that does background checks because this lawsuit will pop up.) I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 43,990 posts Posted 11 March 2014 - 08:26 AM Im saying cause im a girl and hes a guy. That's the way im taken it. DISCRIMINATION NEED TO KNOW WHAT TO DO !
Just because you say it doesn't make it so. You're free to pursue a gender discrimination claim through the EEOC and/or the analogous authority in your unidentified state and then to file suit. However, if all you have to go on are the facts contained in your post and your speculation, you shouldn't expect to get anywhere.