Laid off in CA; Position immediately filled

[jenlleone]

I live and work in California, and was recently laid off after 11 years. The reason I was given? My position was being "dissolved." However, I quickly found out that my position was immediately filled by a junior, cheaper employee, which means that the position wasn't being dissolved at all - they still needed to fill it, but just didn't want to pay as much. Do I have any recourse?

Also, it's my understanding I was to receive unemployment information upon termination and I received nothing. Is that illegal?

 

[You Are Guilty]

How old are you? How many employees did the place have?

 

[jenlleone]

I was 31 at the time, but just turned 32. The employee base was approximately 50.

 

[ecmst12]

It is not illegal to lay someone off because they are too expensive.

 

[jenlleone]

I'm sorry, judging by the last post, I should clarify my question. I'm wondering if it's illegal to lay off an employee and provide them paperwork stating their position is being dissolved, and then not dissolve the position but fill it?

 

[justalayman]

I'm sorry, judging by the last post, I should clarify my question. I'm wondering if it's illegal to lay off an employee and provide them paperwork stating their position is being dissolved, and then not dissolve the position but fill it?

No, there is basically no law requiring them to be honest with you.

 

[jenlleone]

That's what I figured; I'd just have to eat the injustice of it. Thanks for your help.

 

[cbg]

There is also a great deal of misunderstanding as to what is meant by dissolving or eliminating a position. It does not and never has meant that there is no further need for your duties to be done; it means that there will in future be fewer people doing them. Eliminating a position rarely involves eliminating duties. It means that someone else is doing their duties and yours too.

It is a headcount issue, nothing more.