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    Enia's Avatar
    Enia Posts: 3, Reputation: 1
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    #1

    Mar 13, 2015, 08:00 PM
    New position offer rescinded after being let go
    Hi all,

    I am new here and I am hoping some of you will be able to help me answer some questions that keep popping into my head.

    I was recently laid off from my current position after 10+ years with the company due to restructuring. Before being laid off (anticipating changes and department underperformance), I had interviewed and was accepted in writing for another position in the same company, pending salary negotiations. Upon being laid off, I called the hiring manager and advised him of the change in my employee status and he seemed OK with it/supportive, i.e.. No changes to the “offer pending salary negotiations”. 2 days later, after hiring manager spoke with HR to get the ball rolling on my rehiring, the “offer” was rescinded by HR, stating they “decided to go with somebody else” and no other explanation given.

    What happened? I can't seem to be able to answer this! I can’t help but feel that HR was the culprit of the rescinded offer but can’t find a reason for the decision (performance was not an issue or any other such matter that I am aware of). Are there any HR policies that limit or make re-hiring of a laid off employee hard/non-profitable for the company? The logic doesn’t add up from an HR/company point of view because they are having to pay me a severance package and then unemployment instead of paying me for actually working at the other position for which I was chosen fair and square – I don’t see how this makes sense financially.

    I am looking for some closure I guess - It is a hard thing to digest being back stabbed by your company after being so loyal and a good performer.
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
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    #2

    Mar 14, 2015, 05:32 AM
    Many reasons for going with someone else during a restructuring such as job consolidations, that led to retaining a current employee that was maybe more senior, or not slated for layoff.

    Unfortunately loyalty, and job performance have little to do with layoff rules, or restructuring conditions, or MANDATORY downsizing. It mostly comes down to the economics, and the body count. Typically laid off employees are not counted against the payroll, despite any benefit payout, just as retirees and pensioneers are not counted. Separate funds.

    Do you have a union?
    Enia's Avatar
    Enia Posts: 3, Reputation: 1
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    #3

    Mar 14, 2015, 05:55 AM
    Hi Talaniman,

    Thank you for your response. No there is no union in the company. I understand what you are saying but this wasn't a mass layoff, I survived all of those during the financial crisis. My department basically hadn't met goals for a few years, manager was changed and there wasn't enough work for everyone, so since I was the last one hired (moved to this position a few months ago), I was also the only one to go. The other department where they "decided to go with someone else", had several new positions open, so their refusal was definitely directed towards me, i.e.. Something changed after I was let go and I can't figure out what!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 14, 2015, 06:11 AM
    The Pending, is the issue, it is not a firm job offer and acceptance, until all details were worked out. So, if you had not delayed, but agreed to a salary then it would have been an accepted offer, but at this point, you had not fully accepted the offer since no salary was agreed to.

    They are within their rights to withdraw the offer since it was not fully accepted.

    It is possibe, that someone else effected by the layoffs and restructure was given the position for other reasons.
    Enia's Avatar
    Enia Posts: 3, Reputation: 1
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    #5

    Mar 15, 2015, 02:28 PM
    I understand they are within their right to withdraw any offer, in fact even ones that are signed and sealed. I am not questioning the company's rights here, I am trying to understand why.

    I am trying to gain insight from people with HR experience who may have had a similar situation happen. Are there any limitations or special circumstances that make it difficult or unappealing to re-hire someone who has been let go? Since everything changed once the hiring manager spoke with HR, I don't know how to explain this. There aren't mass company-wide reorganizations happening, this was department specific.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    Mar 15, 2015, 03:19 PM
    My experience is that a sudden change of mind by management is usually because someone knows someone in a position of power. More power. It explains the disconnect with the severance and UI costs. CEO's niece or something.
    I know it hurts but there is really no way to find out, unless you want to start bribing people who might know. Waste of energy and grief.

    There's an outside chance that your employer violated labor law. It's against the law to lay off employees and immediately hire new ones (many reasons, but the big ones is getting new ones for less money). It might be legal given that you are in different departments; I don't know the fine points of the law.

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