Question about job layoff. CA labor law question?
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Question about job layoff. CA labor law question?
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I was laid off in the end of may. Today I just saw a job posting on careerbuilder for a job from my employer that is one step down from the position that I and others were laid off from. I would be qualified for this position. Is that legal? Shouldn't the company bring back people that they laid off? Or is there a time limit as to when they can hire people with the same qualifications?
I am in California. Any advice is accepted graciously.
Thank you
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Tino
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Question: Why were you laid off? What kind of company were you working for? Small family business, large private business or non profit agency? To put it simple if the company is losing money it would laid people off. In most cases they start off with the last person hired.
NOTE:
There is no time limit they don't have to call you back.
Now if your job position has not change and it's being posted at a lower rate of paid. That's a different ball game.
In most cases the company will change the job description and lower the rate of pay, to avoid law suits
They don't have to call you back, but you should be allowed an interview.
Your local Labor Dept. or Unemployment Office should be able to help you answer some of your questions. Stop by and talk with them. |
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ferociousllama
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The company can hire basically anyone they want or lay off anyone they want.
In California there is no requirement to hire anyone back after they don't work for the company.
Policies on time limits to hire people who are qualified are set by the individual company. Smaller companies usually don't have any policy at all.
I had a similar situation happen to me and I didn't know what to do. In the end the company offered my old job back to me after getting laid off. I did not take the offer because I lost my confidence in the company because they left me out in the cold right when things got bad. So why should I run the risk of getting kicked to the curb again?
I recommend just staying away from the company and find other employment unless you absolutely LOVED your old job. |
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Pooky
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You may have been an "at will' employee--they're under no obligation to do that.
Personally I would not return to the same company that treated me like that--especially for less money. |
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