No, I'm not laid off, but my daughter has been. She was a barista at a small coffee shop and she was laid off right before Christmas due to decreased sales. The owner said that once traffic increased she would be called to work again. Well, lo and behold, traffic has not increased and she has not been called back, but they ARE hiring new employees.

Doesn't this go against any laws? I was of the belief that they had to offer the employment to the employee who was laid off prior to hiring any new employees.

I don't intend to take this anywhere legally, I just wanted to understand the law....Oh, and btw, those of you who don't know my location....Tennessee.

Sorry nope:

"Generally, however, there’s no “right of recall” for non-union employees who have been downsized or laid off by private employers."

From here: Proceed with Caution When Rehiring Laid-Off Employees | HR Hero Line (http://www.hrhero.com/hl/articles/2009/07/17/proceed-with-caution-when-rehiring-laid-off-employees/)

Thanks Scott. That's pretty much what I thought. Like I said, I didn't plan on doing anything, I was just wondering if they violated any labor law.