RIF'd & replaced within 3 months

[jtanoota]

What is the name of your state? CA

I was RIF'd at the end of 2004. Reason was job elimination. I just found out today that the company did in fact replace my position with someone else internally. Do I have any legal rights to take action?

 

[cbg]

Not on the basis of the information in your post.

Contrary to popular belief, there is no law forbidding an employer from filling a position that was previously eliminated, if business conditions change yet again to make the position necessary, or even if they find that they acted too hastily and they cannot do without it.

Likewise, there is no law requiring them to call you back to work if they do decide to refill the position. Unless you had a bona fide contract which guaranteed you rehire rights, they can refill the position with anyone they please.

Unless you have a VALID reason to believe that you were let go BECAUSE OF your race, religion, national origin etc., there is no cause for legal action here.

 

[pattytx]

Or, you were covered by a CBA (union contract) which required it.