I was laid off last week, and my boss said the reason was she couldnt afford me anymore. Yet the next day she hired someone else. Is that against the law in CA?
by 
chantal
ANSWERS: 6
-
technically yes but the loophole is that your boss couldve chnaged the title of the position and hired the new person at a lower wage. Then it appears legal. Sucks....but it happens!
-
Unless there is a negotiated written contract (either individually or collectively), an employee in the United States has very few rights. In most cases, employers can fire employees for any reason, or no reason at all. The only major exception to this is what are called 'protected classes'. An employer may not fire an employee based on group affiliation (race, creed, color, religion, sexual orientation, etc.). The one thing you should be aware of is that you ARE eligible for unemployment insurance, unless you were fired for committing misconduct. Good luck.
-
Ok, thank you. I was working at a day care and she said there were alot of children dropping and couldnt afford me but then hired someone else the same day. She also found out about the new Obama thing where you can hire someone and only pay 20% of the wadges and the government will pay the other 80%
-
Unfortunately no. By law, especially if this was at-will employment, she (and you too) could terminate the business relationship at anytime for any reason--with the exception of discrimination.
-
I'm sorry to hear that. "Technically" it can be considered illegal, but there are so many ways of getting around it, loopholes, etc., that the burden of proof would be on you. At least you are eligible for unemployment and since it was a lay off, the employer can't contest it.
-
Who cares girl you can get unemployment whoohoo vacation time baby, go have a ball :) Work sucks and you know it!
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC