Legal Question in Employment Law in California
Lay-Off/ Poss Discrimination?
Hi-my husband worked for an elec contr with a large company.He was emplyd there for just 1 wk shy of 6 mo(benefits were to start at 6mos) Comp was doing great and had plenty of work coming up.The guy supervisor on site seemed to be intimidated by my husbands experience.He treated people terrible in front of others,and when he did this to my husband he did not allow it.my husband has tattoos and it seemed to be an issue to the owner since he could not see them at his initial interview, however they were not hidden on purpose. He was blindsided and laid off/he made sure to ask if there was anything he did wrong twice.and adamently he was told no,said they just lost a couple of big jobs(not sure if this was true or not).My husband was self employed for 10yrs as a contractor and when he got this job he recom'd a good frnd/prv empl of 8yrs of ours to get a job where he was at now.He was hired a couple of months after my husband and when they did lay-offs my husband was let go and not his friend.There has been talk between empls that he was layed off because he had too many personal things going on.It was an at-will employ. We feel strongly that this was discrim.and want to know about senority when it comes to a lay-off. Thanks!!
1 Answer from Attorneys
Re: Lay-Off/ Poss Discrimination?
There is no seniority. He could have been fired for the tattoos, any other reason, or no reason at all. He should apply for unemployment compensation.