Legal Question in Business Law in California
Does an employer have to hire me back if the layoff notification says they elimated my position? They reposted my exact position, and it has been 5 months and it is a private medical device company in Silicon Valley. I was the only person doing the job, and they gave it to a purchasing person who has made lots of mistakes, and is not working out.
2 Answers from Attorneys
They didn't even have to give you a formal reason for laying you off. There is no legal obligation to rehire you.
In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
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