Legal Question in Employment Law in California
Employer Advertising/Interviewing to Replace me?
My daughter works in California at a private dental office. She is near or has ended her initial 90 day probabtionary period. She has no write-ups etc. However she has found that the employer is advertising her position as vacant and is conducting interviews.
I thought an employer could not advertise to replace someone while there still working for them? Is this correct?
1 Answer from Attorneys
Re: Employer Advertising/Interviewing to Replace me?
There is no law prohibiting employers from adverstising positions still occupied, in fact, it is quite common. If the employer does, indeed, discharge your daughter, they don't want to have to have the position vacant for any length of time. It does, however, send a clear message to your daughter that she will not be there much longer, so she has the option of resigning before she is discharged. But, of course, if she does so, she may be disqualified from unemployment benefits, assuming she earned enough to qualify in the first place.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
