Legal Question in Employment Law in California
If an employee is offered a job and they have more seniority and they declined the job position and you accept the job offer if they then diced the do want the job can they just take it from you.
Asked on 3/19/13, 11:10 pm
1 Answer from Attorneys
Unless you are under a union contract with seniority protections, seniority means nothing. An employer can do whatever they want as far as staffing. If they want to promote you and then demote you back to put another person in the job, they are free to do so as long as they are not engaging in race, gender, or other illegal discrimination and using seniority as a pretext to hide the discrimination.
Answered on 3/20/13, 12:52 pm
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