Legal Question in Employment Law in California

Layoff /Rehire

I was layed off of my job last Oct.31st,because of a slow down in business. I was told they just weren't busy enough to keep me on any longer. I had been employed at that business for 18 months as a full time employee, and they had hired four other employees after me all full time. The last four months I was there all of the jobs I had been given were given to another employee with less experience and knowledge than I had. This business also feels that a woman can only be a cashier, I had five years experience in Hardware prior to taking the job I was layed off from. I was in the store this week and they have hired a new employee because things had gotten too busy and they needed more help. My question is if I was layed off for lack of work are they suppose to give me the chance to come back to work before they hire anyone else? Thank you Dee


Asked on 5/30/01, 7:12 pm

1 Answer from Attorneys
Paul Crost Reich, Adell, Crost & Cvitan

Re: Layoff /Rehire

There is no law which requires that the company reemploy you when business picks up. However, if you were laid off and/or not recalled because you are a female, you may have a claim of gender discrimination. More information is needed to evaluate whether you have such a claim. You can contact your closest office of the Department of Fair Employment and Housing, a state agency, or consult with an attorney in your area.

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Answered on 6/06/01, 9:11 pm


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