Legal Question in Employment Law in California

I was laid off 2 years ago due to economic strain. The employer that I'm currently working for is selling the business to the company I was laid off from. I feel I am being discriminated against because they are not hiring me back. My old position is available, however, they have chose to hire everyone except me. What can I do?


Asked on 11/14/11, 10:11 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Why do you believe you have been singled out? The answer is very important. If you believe the true reason is due to a protected classification such as your age (over 40), race, gender, sexual orientation, disability, national origin, religious belief, or any other reason employers may not take into consideration, you may have grounds for a legal claim. If you have no idea why they won't hire you, there is not much an attorney can do for you. Employers are free to hire whomever they want, and if there was some employment related issue the first time around, they do not have to rehire you simply because they are hiring your co-workers.

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Answered on 11/14/11, 10:31 am
Terry A. Nelson Nelson & Lawless

Look for a new job. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be hired, fired or disciplined any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Companies are free to choose who they like in hiring decisions, unless you can PROVE one of those criteria apply to your claims of 'discrimination' regarding hiring. "Unfair" is not discrimination nor illegal. Now if the conduct was illegal under those definitions, feel free to contact me for the legal help you�ll need.

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Answered on 11/14/11, 11:06 am


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