Legal Question in Employment Law in California

Reqirements by Employers to Part-Time Employees in Regards to Termination

I have been a part time employee for a year and a half at my work. Although I was not hired through the temp agency, one was used in order to cut my paychecks (because if i was put on company payroll, policy stated that I needed to be a full time employee and t/f recieve benefits,etc). I was recently terminated because they needed someone ''full time'', they stated that my termination was not ''performance based''. My question is: Are they required by law to offer the position to me first before hiring someone else to take the exact same position just in a full time capacity? A side note: they did not inform me that I would be replaced, when I arrived at work last week,my replacement was already there.


Asked on 10/27/03, 4:17 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Reqirements by Employers to Part-Time Employees in Regards to Termination

No, there is no legal requirement to offer you the job first. It would be unlawful to deny you the opportunity to apply for the full-time position, if the reason for the denial were based on some illegal criteria or a violation of contract, neither of which you indicate in your facts. Otherwise, it is within the discretion of an employer who they wish to hire and what method they wish to use.

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Answered on 10/29/03, 12:20 pm


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