Legal Question in Employment Law in California

Hiring for same position after a layoff

Three months ago our firm laid off the administrative person in one of our offices. The company was going through lay-offs company-wide at that time. It is now April and we would like to fill the position again or at the very least bring in a temp to do the same job. We do not wish to rehire the individual whom we laid off. Are there any legal issues we should be concerned about. The individual in question is in a protected class.


Asked on 4/23/99, 6:30 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Hiring for same position after a layoff

You are not obligated to rehire the old employee, protected class or not. If they were to file a lawsuit it would be up to them to prove they were let go because of their class status. If they were truly let go for a legitimate business reason (this is an extremely broad standard) you are OK. They are not entitled to any kind of priority if they apply for the position again.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


Read more
Answered on 4/23/99, 11:50 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California