It is not prohibited by any law. When an employee is the next one by seniority or tenure to be separated, out he/she goes. Folks on vacation, sick leave, even FMLA can be laid-off.
sort of like firing someone. it happens when companies are downsizing.The ritual of notifying an employee that he/she is the next to be involuntarily separated without reference to misconduct, with...
Certainly, that is a frequent occurance under most recall policies. As the employer's need for labor changes, the last recalled person moves in and out.