Reduction in Workforce

I was in a RIF 4 Months ago and now they are advertising for the same position. I have applied and called dept head expressing my desire to comeback. Do they have to take me back first before someone from outside of the company. I can do everything they have advertised. Someone quit after I was in RIF. Can they take him back first?

julie300:

Do they have to take me back first before someone from outside of the company.

Unless you are part of union with a CBA that states they must take you back prior to outside hiring:  No.  The company is free to hire anyone it wants and has no legal obligation to take you back.

julie300:

Can they take him back first?

Yes, unless you are both part of a union which has a CBA that determines how employees are re-hired after a RIF.

ClydesMom:

julie300:

Do they have to take me back first before someone from outside of the company.

Unless you are part of union with a CBA that states they must take you back prior to outside hiring:  No.  The company is free to hire anyone it wants and has no legal obligation to take you back.

That's correct if the employer is not a government agency. If the employer was a government agency, there may be civil service rules that would result in a different answer.

Do they have to take me back first before someone from outside of the company.  Nope. Your employer may hire whomever they wish to.

Can they take him back first?  Yes.

For whatever reason, it appears your employer is not interested in having you back. If they were, I expect they would have been in touch by now.  I suggest you forcus your efforts in finding new employment elsewhere.