Legal Question in Employment Law in California

I was laid off from a full time sales and marketing position back in November of 2008. I had worked for the company for 3.5 years. This was due to a staff reduction and the prevailing economy and was in no way a reflection on my performance. I was also given notice (in writing) that if the financial situation/performance of the company improved, then I would be re-hired back.

I recently found out that someone else was hired for my former position and that the company is doing better. I did approach my former employer about coming back, and they said things had improved and that they would keep me posted, but I have heard nothing from them.

My question is does this company have any legal obilgation to rehire me back if the circumstances allow it? Was a contract created when they placed it in writing that they would re-hire me back? Should they have approached me first about coming back, rather than a new employee? Do I have any recourse here?

Thank you,


Asked on 2/01/10, 9:10 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

No.

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Answered on 2/07/10, 7:18 am
Terry A. Nelson Nelson & Lawless

Rehire rights apply only through union contracts or civil service, if at all. In general, 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. Your goal should be to keep your employer happy with you.

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Answered on 2/08/10, 2:06 pm


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