How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I got laid off from my job that i had for 3 years and was performing

Customer Question

I got laid off from my job that i had for 3 years and was performing above and beyond the scope of my job description. Their reasoning was I made too much money, I was a commissioned Internet Director at a Mercedes Benz dealership in Westlake Village, CA. They told me they were going to change the commission and I would make half of what I had been making. They told me that they were doing me a favor because I was worth more than that and didn't offer me a different pay structure for that reason to stay.

The official reason on the pink slip was lack of work. That was on March 04,2013. Three days ago they hired someone to do the exact job I was doing for the same money Dont
they have to offer it to me first before going to bring someone new into the firm?

I thought there was some type of law to protect against this type of action? Can you explain further to me?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service this evening.

Unfortunately, if you are an at-will employee (meaning that you don't have an employee contract with your employer or are a member of a union), your rights are extremely limited.

That said, while your employer should have offered the position to you out of fairness, they are not legally required to do so.

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

Under the employment at-will doctrine, your employer can terminate you at any time for any reason (even a bad or false one) with or without any prior notice. Although your employer stated that there was 'lack of work' on your pink slip, after you are terminated, your employer has no obligation to offer you the position that you had previously, and can instead choose to bring someone new into the firm.

The only time when this would be different is if you were a member of a union (in which your seniority matters) or had an employment contract with your employer that stated that it had an obligation to offer you a new position after you were terminated.

Otherwise, I regret to inform you that you have no cause of action against your former employer, since, while their conduct is unethical and unfair to you due to your years of excellent and dedicated service, it is illegal.

I realize the above news is not what you wanted to hear and I sincerely wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Since my goal is to provide you with excellent service today, please let me know if you have any additional questions.

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

Thanks and best of luck!

Expert:  Joseph replied 4 years ago.
Hello Greg,

Please remember to rate my answer positively so I get credit for my work!

Unless you have any follow up questions or need any additional information.

If you have no further questions, please remember to rate my answer positively so I get credit for my work. If you don't rate my answer positively, the website recoups your entire deposit and I get nothing for assisting you.

Please trust me when I tell you that I need the money WAY more than they do, so I'd greatly appreciate if you rate my answer positively!

Thanks and best of luck!