Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

In State of CA, how quickly can a company replace a person

Customer Question
that has been retrenched?...
In State of CA, how quickly can a company replace a person that has been retrenched?
Submitted: 9 years ago.Category: Legal
Ask Your Own Legal Question
Answered in 10 minutes by:
11/1/2008
Lawyer: CALawyer, Lawyer (JD) replied 9 years ago
CALawyer
CALawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 1,655
Experience: Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
Verified
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?
Ask Your Own Legal Question
Customer reply replied 9 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.

 

 

Lawyer: CALawyer, Lawyer (JD) replied 9 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.

If this information was helpful, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are appreciated if deserved. If you need any clarification, just post a reply. Thanks!
CALawyer
CALawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 1,655
Experience: Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
Verified
CALawyer and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask CALawyer Your Own Question
CALawyer
CALawyer
CALawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 1,655
1,655 Satisfied Customers
Experience: Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.

CALawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Question about no compete employment contract. Georgia
question about no compete employment contract JA: What state are you in? It matters because laws vary by location. Customer: Georgia JA: Has anything been filed or reported? Customer: no JA: Anything … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
An out of state corporation breached my employment contract.
An out of state corporation breached my employment contract. … read more
Lori
Lori
Juris Doctor
288 satisfied customers
I have a question about perdiem on an employment contract. I
I have a question about perdiem on an employment contract. I have a contract that spell out that I will get a per diem breakout of my check as I am on business travel.I got am email from the contract … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
Is this legal to write in an employment contract? The
Is this legal to write in an employment contract? The Employee shall work Monday to Friday, from 9am to 1pm CST and shall be compensated for time that is clocked in, until additional clients are assig… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Would an offer of employment contract outweigh the formation
Would an offer of employment contract outweigh the formation of an ad hoc committee designed to replace current administration? The board runs under the California Brown Act. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have an employment contract in. There was no specified
I have an employment contract in Virginia. There was no specified length for the contract. I am wondering how long it is valid for. I signed it in April 2016 for a job starting in July 2016, and have … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I have a question about an employment contract between
I have a question about an employment contract between myself and an LLC … read more
Taylor
Taylor
Attorney
Juris Doctor
214 satisfied customers
I have an employement contract which i signed 1 month ago,
Hi i have an employement contract which i signed 1 month ago … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Ive got a bit of an unusual employment contract dispute over
Hi Ive got a bit of an unusual employment contract dispute over an incentive bonus program and the employer not paying out .. ever .. along with a suspicious sudden negative review once a review and p… read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
I'm looking to have someone review my employment contract
I'm looking to have someone review my employment contract for a new position I am taking with my company in the US. Specifically regarding the termination clause. I am looking to be protected for a fu… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,305 satisfied customers
I have an employment contract with a rather large buyout.
I have an employment contract with a rather large buyout. There is only a scanned copy. I would like to know if that would be seen as legally binding if there is no original? … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I have a question re employment contract CAn you discuss? I
hello I have a question re employment contract CAn you discuss? I was offered the position via email with a start date 3 weeks out I quit my current job ( i had only been there one week) and I drove/m… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have been denied compensation from a employment contract.
I have been denied compensation from a employment contract. I have all of my emails and text messages to show that I was working for this company, however I do not have a signed contract. This company… read more
Allen M., Esq.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
19,406 satisfied customers
I have a potential employment contract breach with my
I have a potential employment contract breach with my employer. Looking for someone to review the merits of the case … read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
What happens if I break an employment contract with my
Hi. What happens if I break an employment contract with my employer? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have an employment contract with a company that has run
I have an employment contract with a company that has run out of cash but has inventory they are selling. Can I place a lien on the company assets. At employee obligations given preference over other … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it legal for an employer (contract labor) to stop payment
Is it legal for an employer (contract labor) to stop payment on a check 3 days after the individual has passed away? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x