Legal Question in Employment Law in California

Hi, I have been working at my current company for about 15 months now in the IT department as a permanent employee. They have decided to post all our jobs on the company job page and told us that we would need to re-apply for our positions. This would include resume, interviews. They said anybody can apply for the job.

Does this mean that I no longer am employed at the company? Wouldn't they have to give us at least two weeks notice? I am over 55 years old, so would this be age discrimination? Thanks


Asked on 11/20/13, 11:27 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You are still employed if you are still going to work, and terminated if told not to come in.

There is no requirement of notice for termination, nor of severance pay, in case you wondered.

It isn't discrimination if "all our jobs" are equally affected, and you alone aren't selectively treated differently in a manner that could be 'proven' to be related to age. You were 'old' when they hired you a year ago without discrimination, so what would make you think it was discrimination now?

Sounds like a company in the pains of downsizing and 'shaping up' for economic reasons. Do your best to compete for a new position.

Then, IF you can somehow show age discrimination in the 'new hiring' process, feel free to contact me.

Read more
Answered on 11/21/13, 11:50 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California