Legal Question in Business Law in California

Re: Layoff and refilling of position

It makes a whole lot of difference whether you and/or the position is covered by a collective bargaining agreement. Further, your facts make it unclear whether your position is being abolished or you are personally being fired.

If there is a contract, union or otherwise, refer to its terms. Otherwise, it is more likely than not that management can do all the things you mention. Employment is a matter of contract, and unless you have specific (or implied) job protection, the employer can dismiss you pretty much at will and replace you with whomever they please. The generality of this statement has been much eroded by courts finding implied promises of continued employment and rejecting dismissal for bad reasons (age discrimination, for example, or whistle blowing). Nevertheless, you can be fired and replaced unless there is a reason why you can't, such as a contract or the dismissal violates a public policy.

If in doubt, please re-submit your question with details as to any possible applicable contract or any possible public-policy issue that arises.