Termination Question

[EllenM2]

What is the name of your state (only U.S. law)? California.

Hello, I need to find out if I have a case or not at my previous job. I was hired to replace someone at a Manager level - worked there for 1.5 years - until I was laid off due to a staff reduction/layoff the company was having. I was told it was NOT performance based. A week later I heard from an employee they hired back the woman that I originally replaced at the company....still don't know what her title is or how much she is being paid, but I am not sure that this is legal to lay me off and then hire her back? The co. is being really secretive about what her "title" is; I had signed an "at will" agreement with the co. at hire. Please let me know if this is something worth pursuing for a wrongful termination, in your opinion.
Thank you so much!
EllenWhat is the name of your state (only U.S. law)?

 

[davidmcbeth3]

nothing wrong about it

 

[EllenM2]

Thanks David -
so I do not have a case, is what you are saying right? Even if they did not ask me to take a pay cut or another alternative, but just let me go then hire someone to replace me? It was supposed to be a layoff, and NOT performance related, per the HR dept.
Maybe it is only an issue if they hired the person back at same salary or title I hold....is that right?

 

[asiny]

Thanks David -
so I do not have a case, is what you are saying right? Even if they did not ask me to take a pay cut or another alternative, but just let me go then hire someone to replace me? It was supposed to be a layoff, and NOT performance related, per the HR dept.
Maybe it is only an issue if they hired the person back at same salary or title I hold....is that right?

No, it's neither.
At-will, you can be terminated for any reason. Just because they gave you one is irrelevant. Anyone they hired after that point, also irrelevant.

I know a huge pharmaceutical company that- every year goes through thousands of layoffs... only to hire a large number of people to fill the layoff positions. At-will means exactly that.

 

[Banned_Princess]

If you haven't done so already, apply for unemployment.

its your only recourse. nothing illegal happened to you nomatter how "secretive" they are being. they could have fired you for any reason not protected by law. (race, religion, sex, you know protected characteristics) including they dont like you or the socks you are wearing, then hire someone else wearing the same socks.

please google at will employment.

 

[cbg]

Thanks David -
so I do not have a case, is what you are saying right? Even if they did not ask me to take a pay cut or another alternative, but just let me go then hire someone to replace me? It was supposed to be a layoff, and NOT performance related, per the HR dept.
Maybe it is only an issue if they hired the person back at same salary or title I hold....is that right?

It is not an issue at all. You do not have a case because it is not illegal for them to let you go and hire someone to replace you, EVEN at the same salary or title. They are not required to ask you to take a paycut or give you another alternative. They are perfectly free to let you go and hire her back at any time under any circumstances unless you are operating under a legally binding and enforceable contract or CBA that says they cannot.

 

[Betty]

Nope, no case, not a wrongful termination.

at-will employment:
At-will employment - Wikipedia, the free encyclopedia

wrongful termination:
Wrongful Termination Definition

 

[Beth3]

they hired back the woman that I originally replaced at the company....still don't know what her title is or how much she is being paid, but I am not sure that this is legal to lay me off and then hire her back? Completely legal.

Please let me know if this is something worth pursuing for a wrongful termination, in your opinion. Nope. Not even close.