Legal Question in Employment Law in California
I was hired to replace a worker (David) who resigned his position and moved out of state. I started approximately 2 weeks after David left the company. After working for the company for 4 months I received a good performance review. Two weeks later David returned to the company requesting his position back. The company rehired David and laid me off stating that the lay off was not performance based and that I was an at will employee. My offer letter does not state that I would be an at will employee it does reference an employee hand book that was given to me after I started with the company. My offer letter states an annual salary and an annual bonus based on annual sales. All of my conversations with this employer prior to starting with the company were passed on annual performance. I was given 2 week notice pay and no severance. Do I have any recourse?
I am 46 years old and so is David. I was not given an Older Workers Benefit protection Act Disclosure when I was laid off and I was not requested to sign a release.
2 Answers from Attorneys
You were an 'at will' and the victim of politics, not age discrimination. The facts you recited do not provide grounds to support a lawsuit. You were the same age when fired as you were when hired, so how would you prove discrimination? You can't.
You are at will because of the law, not because of anything that was given or not given to you.
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