Legal Question in Employment Law in California

I was laid off from a union job April 1 2011 due to slow business. From what I was told I did nothing wrong and I would be called back to work when business increased. I did receive a call on October 14 from the CEO, he said the company was NOT signing a new union contract in December when the current one ends and if I was interested in the job with new terms I agreed and he said he would call me in a week or so. It now has been over a month and I have not received any call. I now learn from a former co-worker/friend that the company has hired a non-union worker to do my previous job, when my friend asked why hire & train someone new he was told the new guy is "cheaper". Isn't this wrongful termination? Is it legal not to mention against contract to replace union employees with non-union employees? What rights do I have?


Asked on 11/29/11, 1:26 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

This is unfortunate but probably not an unlawful situation. If the lay off was genuine, you were not really replaced. You were simply laid off at one point. Unless the union agreement provides otherwise, there is no legal obligation for the employer to rehire a laid-off employee.

Hiring an employee who is willing to work for a lower salary is only illegal if it's a pre-text for age-discrimination.

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

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Answered on 11/29/11, 2:17 pm


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