Legal Question in Business Law in California

Is it illegal to hire an employee for a position in which the company just recently laid someone off from?


Asked on 10/11/09, 5:18 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Can't imagine why......unless maybe there is some collective bargaining agreement that would apply.

Read more
Answered on 10/12/09, 12:24 am

Your big risk (but not your only risk) here is a potential claim by the terminated employee. The justification for laying off employees is because you don't need a certain kind of employee in a certain place. By replacing the terminated employee you are saying you did need that employee in that place.

The terminated employee(s) might bring age discrimination and/or other wrongful termination suits depending on the circumstances. If you need any more help or advice on this, please let me know.

Read more
Answered on 10/12/09, 1:18 pm


Related Questions & Answers

More Business Law questions and answers in California