Legal Question in Employment Law in California
Human Resources discriminated again me in the past and now they did it again. I was 52 the first time they laid me off and hired a young woman in her 20�s to fill a position that I was doing for the company. She laid me off indicating on the paperwork it was for lack of work and I was eligible for rehire. The boss I worked for told me he would contact me when he got the contract for the second phase of the project because we work well together and made a great team. He contacted me in July 2013 to let me know that we would be starting soon and wanted to make sure I was coming back for the second phase. I told him that I had a permanent position but would give it up to work for him. He contacted me again in September to let me know it was getting closer and he wanted to make sure I was going to return because he was working on the budget and wanted to include my salary. November 2013 we were in constant contact because he finally got the contract and we were ready to start. He was already in our old office and I was to report the following Monday to start work. Later that day he text me to tell me there was a problem. He put in the paperwork to rehire me and HR said I was not rehire-able. It was the same person that discriminated against me and laid me off the first time that refuses to hire me. I had quit my job to work for this company it was all planned out and now she refused to hire me. My boss questioned her about the situation and found out the reason I was not going to be rehired was because this person saw an email that I sent two years ago that had a comment she did not like so she is refusing to hire me. My boss and I communicated thru text so I have all of our discussions over the months. Can I transcribe all the text from my phone or do I have to have it done professionally. What are my options? Thank you
2 Answers from Attorneys
You have just described a situation based not on 'discrimination', but on office politics personalities, which is not illegal. Unless you can prove the adverse decision was due instead to your age or other civil rights protected category, then there is nothing effective you can do except look for new employment.
IF the reason you were not re-hired is because of your age, race, gender, religion, medical condition, etc., it is unlawful. Also, if you left a job because they offered you the re-hire job and you are unable to return to the job you quit, you may have a case under a contract theory. Call an employment law attorney to discuss.
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