Legal Question in Employment Law in California
Is there anything I can do?
I was laid off in August due to plant closure.I was am employee with this company for four years. I have applied with the same company but in a different area but have heard nothing from them. The position I applied for is the same title I had before but a few different job dutys.
My question is: Is it legal for them to hire an outside person without them interviewing or considering me? What are my grounds?
2 Answers from Attorneys
Re: Is there anything I can do?
Unless there is a company policy that gives hiring preferences to former employees, the company is free to hire anybody it wants.
Re: Is there anything I can do?
Unless you are covered by a union contract that requires the company to give re-hiring preferences to laid-off employees, it is certainly legal for them to consider and hire other qualified candidates for any job opening.
The only other issue would be if you could prove that they laid you off for an impermissible, discriminatory reason and that hiring someone else is further proof of their discrimination. But that doesn't sound like a live issue in your case.
--Good luck.
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