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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was laid off on June 29, 2012 after working for the company

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I was laid off on June 29, 2012 after working for the company 14 years. I was offered and accepted a severance package from my employer. I was told I could reapply for any open positions that I may qualify for with the company within 6 months. I applied for a position which I do qualify for and was informed in an email from them "they had identified other candidates who more closely meet their requirements for this position." My question is do I have a case against them?
Good morning,

I'm Doug, and I'm very sorry to hear of your situation.

In a word, no, I'm sorry but under CA law, you don't have any sort of a case---at least based on the facts as you have stated them.

When you left the employer it was with the understanding that you were free to apply for any open positions which came up in the following 6 months. But there was no guarantee that you would be chosen for any of those positions. It was an illusory offer on their part. it was good in that you can show that you were eligible for rehire---but that alone does not guarantee you a position when one becomes available---I'm sorry.

I wish you the best in 2013

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

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