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Fired before Contractors?

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D

dbushik

Guest
I'm in California and have a fellow employee I'm corncerned about. We work at an aerospace/engineering firm that was bought out by a larger British company a few years ago. They have recently decided to combine a portion of our business with some other companies they own. This means moving to a new facility and also cutting some of our staff that was working in the portion of the business that's leaving.

Two of three engineers previously working in the part of the business that's leaving were moved over to work on the portion of the business that is being retained. However, one is being told she will be let go in February when the move is made. However, we have a large number of contract workers in the portion of the business being retained doing the same job she is qualified for who are either being actively pursued to come on as direct employees or are being maintained after the move in their current contract positions.

Is this legal? Does the company have any obligation to lay-off the temporary employees prior to cutting direct employees? Do they have any obligation to transfer her over to the retained portion of the business considering she is equally or better qualified to do that job than the contract employees who are being kept or being offered direct positions?

Any advice on this would be greatly appreciated, so thanks in advance.
 
Last edited:


BelizeBreeze

Senior Member
Is this legal?
Yes.

Does the company have any obligation to lay-off the temporary employees prior to cutting direct employees?
No.

? Do they have any obligation to transfer her over to the retained portion of the business considering she is equally or better qualified to do that job than the contract employees who are being kept or being offered direct positions?
And No.

Simply put, the company can fire everyone then re-hire the consultants as fulltime unless you have a contract or union that specifically stipulates otherwise.

That's what is called 'at-will' employment.
 

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