Legal Question in Employment Law in California

Does an employer have to hire me back after termination?

I got laid off from my company. I was told my position was being eliminated and that the primary reason was my salary. Of course, I believe the reasons were very personal, but that's another story. I said to my employer I was willing to take a pay cut. I was still terminated, with no consideratin to that. About 1 month later, the company posted my position again. Is the company required to offer me my job back?

thanks


Asked on 5/29/01, 12:24 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Does an employer have to hire me back after termination?

No

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Answered on 6/06/01, 1:35 am
Paul Crost Reich, Adell, Crost & Cvitan

Re: Does an employer have to hire me back after termination?

While your employer has no obligation to recall you, if you were terminated for an unlawful reason you may have a claim. If your higher salary is because you have been with the company a long time and you are over the age of 40, you may have an age discrimination complaint. If you were selected for layoff because of a factor such as higher salary which impacts older workers more than younger ones, the termination may be illegal.

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Answered on 6/07/01, 8:42 pm


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