Q: Can my employer promote from within to fill my position while I am furloughed due to the Covid 19 pandemic?
I was furloughed on March 23rd and have not been called back to work but on June 16th I was informed by coworkers that another employee had been promoted into my position. The COO of my company told me that my employment status had not changed and that I would be updated on July 15th but have not received any contact from my employer as to the status of my employment.
A:
They can make whatever internal changes they want but they must comply with the COVID recall requirements if they got financing from the government.
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A:
Unless you can prove that you are experiencing an adverse employment action because you are in a protected class of people, such as race, religion, etc., then there is nothing unlawful about your employer promoting someone into your old position.
Most people do not understand that when you were furloughed, you were terminated. It is exactly the same thing unless the furlough was for less than the pay period. Your employer has no obligation to bring you back to work at any time, nor does the employer have an obligation to bring you back to your old position or at your old pay if it does bring you back to work.
That said, most employers who furloughed employees because of Covid-related orders have every intention of bringing their employees back. I think you are going to have to wait and see. However with the news of this other person moving into your job, it might be prudent for you to start preparing for the worst.
Good luck to you.
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