Legal Question in Employment Law in California
Lay off and rehire
I was laid off due to reduction in sales , a year later my company advertised for my position ( same job). I applied for the job and I have e-mail the comapny aknowledging receipt of my application-resume.
Few months later the company hired a new person for my position. doe the company have to re-hire me??
i am 50+
2 Answers from Attorneys
Re: Lay off and rehire
Generally, the employer does not have to rehire an employee (regardless of his age), unless that employee was on medical leave and therefore is eligible for preference in being re-hired, reinstated.
If, however, you believe that having your former position vacant for a year and then filling it with a different and younger employee was a plot to avoid the age discrimination claim and you have some evidence to support this suspicion, this might be worth looking into.
Thanks,
Arkady Itkin
Re: Lay off and rehire
Not unless you have a union contract requiring it.
IF you think you can prove you were denied a job because of your age, then you have a potential claim for age discrimination. How would you prove that? If you think you can prove it, feel free to contact me to discuss.
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