Possible wrongful termination | My Employment Lawyer

Possible wrongful termination

Hello,
We need a referral to a local Employment Law specialist, but we are not sure how strong our case is. The facts are these: 1) My husband was laid off from his job, along with about 20 or so of his co-workers and 2)Almost 6 months later, the company is now hiring people back into the exact same job descriptions as were originally cut. Considering that my husband’s last performance review was exemplary, we are very concerned that this might have been wrongful termination. Is there any statute that requires the company to contact it's previous employees for rehire? How can we determine if any employment laws were violated by this company?

Here is another angle to this situation: There is person with an H-1 Visa who shared my husband’s job description (my husband is a US citizen) and is still employed at this company. Was it legal to keep this person even though my husband had more seniority, a great performance record and a lower salary?

Thanks for your time,
Kristen Ellison

1 answer  |  asked Jun 26, 2001 02:07 AM [EST]  |  applies to California

Answers (1)

Ken Koury
No

They are not required to offer the job to ex-employees. they can hire anyone they want.

posted by Ken Koury  |  Jul 16, 2001 02:41 AM [EST]

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