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CALawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 1655
Experience:  Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
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In State of CA, how quickly can a company replace a person

Resolved Question:

In State of CA, how quickly can a company replace a person that has been retrenched?
Submitted: 8 years ago.
Category: Legal
Expert:  CALawyer replied 8 years ago.
I assume you were tenured in your position and had an employment contract?

Does your contract say anything about the reasons for termination? If so, what?

What exactly happened after termination?
Customer: replied 8 years ago.

I've been working for this broker dealer for 6 yrs. I relocated from Korea two years ago at my own will (I am U.S. citizen) and I didn't sign U.S. employment contract which may put me in disadvantageous position.


Reason company gave me for termination was RIF (Reduction in Force)


They gave me severance package...


I find out that they rehired a senior person that I replaced two years ago.



Expert:  CALawyer replied 8 years ago.
California is an employment at will state. Unless you have an employment contract, then you don't really have a right to keep your job.

There can be an implied employment contract however, based upon the circumstances. If there was some sort of agreement that they wouldn't fire you except for certain reasons, then you have to look at whether they breached that agreement. While there isn't necessarily anything wrong about laying someone off and then hiring someone else shortly after, that could be used to show a wrongful termination if they didn't actually have cause to fire you.

These cases can be difficult where there is no express employment contract.

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