Legal Question in Employment Law in California
I was laid off Feb. 2009 as Director of Operations for a company. They have have replaced my position with a person that was promoted within the company as of Jan. 2010 with the title of Director of Operations. Is this legal or have they violated any state or federal laws with this decision?
2 Answers from Attorneys
The question is why were you laid off and/or not offered the opportunity to rehire? If it was for an unlawful reason then, yes, it could have violated a state or federal law.
Most employees are presumed to be "at-will" employees, which means employers don't need just cause to terminate or are under any obligation to rehire someone who was laid off, subject to a contractual obligation.
If you believe there is some unlawful motive for this employer's actions or it violated the terms of a contract, you should consult with an employment law attorney in your area, to review your case and explore your options.
In general, unless you are civil service, in a union or have a written employment contract, you are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Civil Rights, or Whistle-blower, or similar statutes. Only civil service and unions typically offer rehire promises. Your goal should be to keep your employer happy with you. IF you believe discrimination was the reason for termination, then feel free to contact me to discuss your rights and remedies.
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