Legal Question in Employment Law in California

Employer advertising/interviewing for your position.

My daughter has not submitted a resignation nor has her employer written her up or terminated her, but they are interviewing for her position stating vacancy.

Can they do this while she is still working? This is for a private dental office. She has or is about ready to complete her 90 day probationary period. I doubt that the office has any employment booklet stating at will or otherwise.


Asked on 8/07/07, 2:02 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Employer advertising/interviewing for your position.

Probabtionary or not, employees are presumed to be "at will" in California with very limited exceptions not applicable here. While the conduct you describe is rude, it is not illegal.

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Answered on 8/07/07, 2:44 pm


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