Legal Question in Business Law in California
Is it illegal to hire an employee for a position in which the company just recently laid someone off from?
Asked on 10/11/09, 5:18 pm
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Can't imagine why......unless maybe there is some collective bargaining agreement that would apply.
Answered on 10/12/09, 12:24 am
Your big risk (but not your only risk) here is a potential claim by the terminated employee. The justification for laying off employees is because you don't need a certain kind of employee in a certain place. By replacing the terminated employee you are saying you did need that employee in that place.
The terminated employee(s) might bring age discrimination and/or other wrongful termination suits depending on the circumstances. If you need any more help or advice on this, please let me know.
Answered on 10/12/09, 1:18 pm
Related Questions & Answers
-
If a woman owns a business as sole proprietor and is terminally ill and in a coma... Asked 10/09/09, 1:45 pm in United States California Business Law
-
Hi, I own a desserts cafe in a shoppng plaza in San Jose, California. We have been... Asked 10/08/09, 6:06 pm in United States California Business Law
-
In December of 2007, I took out a line of credit from Wells Fargo for my former... Asked 10/07/09, 8:47 pm in United States California Business Law