Laid Off (Senority not looked at)

[xinvisionx]

What is the name of your state? California

I was recently laid off and found out others who had less senority then I were still there. I feel like I was targeted. I did find this:

http://caselaw.lp.findlaw.com/cacodes/gov/19997-19997.15.html

I e-mailed the VP of the company with the link and was told the laws in the above link do not apply. Here is his exact response:

"The policy you refer to is related employees of the state not those of
private companies such as ours."

So my question is...can they just lay off whoever they want when they want and not follow the section codes above since they are a privately owned company?

-James

 

[BelizeBreeze]

Unless you have a contract which is not being fulfilled, are a member of a union or can prove that you were targeted because of a protected status (race, religion, age, sex, etc.) you have no case.

 

[cbg]

Yes. The link you posted clearly refers to state employees only.

Barring a contract that specifically states otherwise, a private employer is not required to follow seniority in determining who to lay off. They may follow whatever criteria they choose except an illegally discriminatory one (race, religion, gender etc.).

 

[xinvisionx]

Thank you for the quick responses. So it appears that a privately owned company can basically remove anyone they want at any time for any non-illegal reason. Or can just get rid of someone they don't like by simply laying them off. Interesting.

 

[cbg]

That's correct. And the flip side of that coin is that you can quit at any time and for any reason.