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Joseph
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we off a sales person in May because we shut his division

Customer Question

we laid off a sales person in May because we shut his division down. We have since reopened and want to hire a new person. Must we offer the laid off employee the opportunity first? We are a California based employer with national offices.
Submitted: 3 years ago.
Category: Legal
Expert:  Joseph replied 3 years ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My name is Joseph and my goal is to provide you with excellent service today.

Actually, as an at-will employee (if the employee is not unionized or has a contract), you are under no duty to offer the new position to the old employee before recruiting, and have no obligation to hire the old employee back if you do not want to hire the person back.

This is due to the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month."

So, as an employer you are are free to decide whether you want to ask the old employee if he or she wants the job or just conduct a new recruiting effort without even considering the old employee for his or her prior position.


I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service. Definitely contact me if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are satisfied with my service.

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Thanks and best of luck!

-Joseph
Expert:  Joseph replied 3 years ago.
Hello,

Just wanted to check in to see if you had any follow up or clarifying questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!

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