Legal Question in Employment Law in California

Rehiring former employee others were laid off due to ''cutbacks''.

I was recently laid off due to the ''school struggling and needing to do cutbacks''. However, I have since learned that a former employee, whose position I had filled when she left the company, has since been rehired on a part-time basis. Therefore, my question is, shouldn't I have been offered that part-time position rather than just being laid off, and then the employer re-hiring a former employee? I wasn't the only person laid off due to ''cut-backs''. Isn't this a legal issue?


Asked on 10/05/05, 5:42 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Rehiring former employee others were laid off due to ''cutbacks''.

You haven't described anything illegal. Unless you have proof that they fired you for some other reason like because of your race, I don't see the basis for any claims.

After all, your replacement was only hired part time. They are not obligated to employ you at all and California is an "at will" employment state. Perhaps the other employee was better qualified and could afford the work part time hours.

Please feel free to post any additional information you might have.

Read more
Answered on 10/06/05, 5:13 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California