Legal Question in Employment Law in California

After working a night shift, I woke up to a message from my employers HR person asking me to call them before I came into work. When I called I was told I was laid off and that I could apply for unemployment. Beyond the fact that they made mention of the business having financial issues for some time, they didn't give me a specific reason for being laid off and did not tell me how long it would be for. I learned through a co-worker later that the criteria for who they kept was flexibility, reliability and attitude - none of which applied to me and I have the yearly performance reviews to prove it. Then a month later the employer advertised a job posting for my same position/title. I meet all the requirements they have listed on the job postings, which are the same as those above. About a week before the job posting I called to ask specifically what the chances were for them needing to re-hire and they said they didn't know and that it would likely be awhile, but they would call me. So I have several questions: 1) Did they handle the lay off notice properly? 2) Do I have any legal recourse? 3) Are they obligated to re-hire me? They are an "at will" employer and it is a hospital. Thanks.


Asked on 4/08/10, 5:16 am

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

As long as we have "at-will" employment, employers have unfettered discretion on who they want to hire, fire, and retain, as long as the decision is not based on unlawful criteria, such as a person's age, race, gender, or other protected classification or activity. Quite simply, employers can lay someone off, just because they want to without giving any reason. There is no formal procedure that must be followed, unless provided for by contract.

The question you have to ask is why? If the actual reason for laying you off and refusing to rehire you is one that is prohibited by law, and it can be proven, you would have the basis for a case. You have no legal recourse if it is simply unfair.

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Answered on 4/13/10, 10:28 am


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