Legal Question in Employment Law in California

Re: laid off

You were misinformed. There is no law that says an employer must wait a certain length of time before refilling a position. Sometimes, however, a quick replacement is used as evidence that the lay-off was a pretext for the true reason for the termination. If you suspect the real reason for your lay-off was an unlawful one, you should consult with an experienced employment law attorney in your area.

Re: laid off

Are you a union employee? Do you have "recall rights?" If you are not a union employee and/or do not have union rights then there is nothing to prevent them from hiring someone else to fill the position. If it was a real layoff, why would they be hiring 70 days later -- and if they are, you should definitely apply for the job.

Employers who lay people off are advised by their attorneys not to rehire for a period of time so that you will not be able to turn around and sue them for some form of discrimination -- claiming that the real reason they laid you off was a discriminatory one. If you think they lied to you, and that they are discriminating against you; and it turns out that they are hiring people now, you might have a case against them.