Legal Question in Employment Law in California
Layoff laws---rehiring.
Do we have to rehire an employee we laid off if work becomes avaiable? We reduced an employees hours to 20hrs a week. He has also taken on a full time job. If work comes available when he's working at his full time job, do we have the right to hire another part time employee to cover those hours?
3 Answers from Attorneys
Re: Layoff laws---rehiring.
Generally in California an employer may take the action you have described with "at will" employees without restriction. However, please be aware that we have many statues that protect employees from retaliation. Thus if the employee was recently injured on the job or made a safety complaint or is a member of a protected group (age, gender, race etc.) and you have honestly laid him off for economic reasons, the failure to recall him may be evidence of retaliation or discrimination. If you are dealing with a long term employee or one who may make a claim of retaliation or discriminaiton you should discuss this matter in detail with employment counsel. If I can be of help, feel free to call.
Re: Layoff laws---rehiring.
Not unless you are unionized or have such requirement in your policy handbook. You may slightly risk a claim of 'unfairness', but absent illegal discrimination, there are few remaining rights for employees in 'at will' California.
Re: Layoff laws---rehiring.
Need more info. Size of company, etc., etc., etc.
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