Legal Question in Employment Law in California

laid off but replaced for same salery!
I was laid off dew to budget cuts( I was told). I know that the person doing my job,that has worked for the company half as long as I, is making the same money that I was plus two or more hours of over time a day. I know this because he was my Sous Chef and we keep in touch.I excelled within this company and I was promoted two times in three years. My file is clean, My most recent review was avarage, but it was done by my DM not my GM who was my direct superior.
My questions are
1) Is it legal to lay me off for budget cuts and then pay someone else the same dollar amount for the same job?
2) According to the California Layoff Protection Act should I have received written notice of the layoff sixty days prior to my layoff date?
3) Define verbal abuse please.

Asked on 4/07/04, 4:21 am

JEB Pickett Wynne Law Firm

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Re: laid off but replaced for same salery!

Is it legal to lay me off for budget cuts and then pay someone else the same dollar amount for the same job?

Yes.

According to the California Layoff Protection Act should I have received written notice of the layoff sixty days prior to my layoff date?

Not unless the company laid off a large number or large percentage of employees at the same location at the same time.

The more important question for you is were you paid hourly or salary for you overtime work?

Answered on 4/13/04, 4:37 pm

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