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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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If you were laid off, received a letter that says "the company

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If you were laid off, received a letter that says "the company is eliminating your position, Accordingly, you are being permanently laid off and employment with the company will endOct 14th 2012." Then in Jan 2012 they start hiring for your position and positions you have had in the past, is there anything we can do for recourse?
Hello and welcome to JustAnswer.

No, unfortunately, as an at-will employee, you can be terminated at any time for any reason with or without prior notice.

Along with that, your employer isn't obligated to re-hire you if it decides to re-establish the position that it had eliminated.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 5 years ago.
Her's another part of the situation. My husband and I worked at the same company. They laid him off the same day. He worked in a different sales department. They completely laid off my dept. He was the only one from his dept that was laid off. There were a total of 7 of us laid off that day. My husband (a veteran) was the oldest at 59. The youngest laid off was in her 30's and there was a Hispanic woman in the group too. I understand them shutting down my dept. But I'm thinking part of the reason he was laid off was due to the fact we were married and maybe they thought he would be a bad seed if they kep him on. So is the short of this that PA is an "at will" state and we have little if no recourse.
Yes, unfortunately, unless you believe that the reason was due to discrimination based on a protected characteristic, it would be legal to terminate your husband, even if it was based on his marital status.

However, if you believe that you or your husband were terminated due to discrimination based on age (over 40), you and he can file a complaint with the Equal Employment Opportunity Commission for discrimination in violation of the Age Discrimination in Employment Act.

You can file a complaint using the instructions available online here:
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