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Employer eliminated my position, then immediately refilled it - is that legal in CA?

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S

scruzer

Guest
I was just layed off from a CA office in a national company during a restructuring/consolidation reduction in force. I was the only person holding my title and had direct reports in several different states. In my exit letter, it was stated that my position (referred to as both 'job' and 'position') was being eliminated. Immediately upon my dismissal, the company promoted a non-management employee in another office to my 'eliminated' position. I am under the impression that this goes against CA labor code, but cannot find a direct reference. Anyone have any pertinent advice?
Thanks
 


L

loku

Guest
At-will termination

California is an “at-will” state, which means your employment can be terminated at the discretion of the employer or employee. Unless you had a contract, they are within their rights to lay you off. The fact that they lied about the position, is not relevant since they could terminate you without cause.
 
S

scruzer

Guest
Thanks loku.
That's pretty much the conclusion I came to, I just remember in the past hearing - at least in our company - that you couldn't refill an eliminated position within 1 year without offering it to the person who was layed off for that reason. Of course, the way my company handled it I would never want the job back anyway, I was just curious...
 

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