Legal Question in Employment Law in California

I worked for a tribal casino in San Diego county and was laid off after 2 years and told that it was a reduction in force. Prior to my departure, a man was hired to be my boss, then I was laid off. Since that time, he has left the casino and another person has been hired under the same title I held. Only 3 months have passed since my departure and I was technically laid off and was eligible for rehire. I was told that it is illegal to lay off and rehire someone else under the same title for 18 months. Do I have any legal recourse?


Asked on 11/13/09, 1:29 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

This may come as a shock to you, but tribal casinos are not subject to state or federal labor laws. They are considered nations that have negotiated treaties with the United States government and it is those treaties that control and preempt our labor laws. You would have to proceed in their version of tribal court and few attorneys will handle civil cases in that forum.

Having said that, there is no state or federal law that says it is illegal to lay off an employee an rehire someone else, regardless of the time frame. Most employment is presumed to be terminable at the will of the employer with no obligation to rehire the laid off employee, unless required to do so by union contract.

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Answered on 11/18/09, 2:41 pm
Terry A. Nelson Nelson & Lawless

You were informed wrong. Unless you have a specific written employment agreement, you are an 'at will' employee under California and federal law, who can be fired any time for any reason. If you were in a union, they are your remedy. You MAY have some different status and rights under tribal law, but you would have to consult the tribal charter or other source for those rules; I doubt it though.

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Answered on 11/22/09, 5:18 pm


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