Legal Question in Employment Law in California
laid off, company is now hiring new employees
I was laid off less than a month ago, reasons were not because of performance, a cut back. On the same day I over heard my boss, and they were thinking of hiring a new employee. A few days ago, i saw their posting on a website. Is this ok?
1 Answer from Attorneys
Re: laid off, company is now hiring new employees
Whether you have a claim depends on whether you can tie the lay off to an illegal reason -- if you were fired because of your age, or because you took leave, you were injured, or reported some type of illegal conduct (These are examples, not a complete list.)
For example, if you are over 40 and the company re-hires someone in your job under 40, you might have a claim that the layoff was a pretext, that the real reason you were laid off is because the company is illegally firing older employees. The circumstances surrounding the layoff and the re-hire are important.
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