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Layed off, but replaced after 4 months

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the_mcclenneys

Guest
What is the name of your state? California

I was layed off about 4 months ago. The official reason was work force reduction. Although I was the only one layed off. I was given a severence when I signed their legal waiver, saying no further action would be taken. I just found out that someone within the same organization has been promoted to the title position that I had until I was layed off.

This seems wrong. Is there any legal action I can take?
 


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Beth3

Senior Member
An employer is under no obligation to rehire an individual after they've been terminated or laid off. While there is nothing in your post to suggest that you were targeted for reduction for a prohibited reason (i.e. due to your age, race, gender, age, national origin, etc.), the fact that you signed a waiver in exchange for severance bars you from bringing any such claims, assuming the waiver was properly constructed.
 
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HomeGuru

Senior Member
the_mcclenneys said:
What is the name of your state? California

I was layed off about 4 months ago. The official reason was work force reduction. Although I was the only one layed off. I was given a severence when I signed their legal waiver, saying no further action would be taken. I just found out that someone within the same organization has been promoted to the title position that I had until I was layed off.

This seems wrong. Is there any legal action I can take?
**A: unless you can prove with hard evidence discrimination ie. sexual harassment, ADA etc., you have no recourse.
CA is at "at will" State and you can be terminated for any or no reason.
Click to expand...
 
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cham4

Guest
While I agree with most of what has been written, you need to take a look at your age, the persons age that replaced you and if your severence was done in a manner that was misleading. Anything in CA seems to be actionable but if yor company informed you that this position was being eliminated and then re-instated it, thats O.K. if they didn't violate ADA, Age discrimination etc..
 
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