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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12343
Experience:  Significant experience in all areas of employment law.
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Is it illegal to lay off an employee that has been employed

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Is it illegal to lay off an employee that has been employed longer than another empoyee that we are keeping?

Hello and thank you for entrusting me to answer your question.

What you describe would ordinarily only be illegal if the reason why you were firing the more senior employee was that employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation, in which case their termination would constitute unlawful discrimination.

Absent discriminatory motives, there is no law that requires employment decisions to be "fair." Employment in the state of California is generally "at will," and as such, employees can be terminated at any time and for any reason, even if they are more senior that other employees that are being retained.

Please let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

Patrick, Esq. and other California Employment Law Specialists are ready to help you