Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

we off a sales person in May because we shut his division

Customer Question
we laid off a sales...
we laid off a sales person in May because we shut his division down. We have since reopened and want to hire a new person. Must we offer the laid off employee the opportunity first? We are a California based employer with national offices.
Submitted: 4 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
10/1/2013
Lawyer: Joseph, Lawyer replied 4 years ago
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
Verified
Hello and welcome to JustAnswer

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

My name is Joseph and my goal is to provide you with excellent service today.

Actually, as an at-will employee (if the employee is not unionized or has a contract), you are under no duty to offer the new position to the old employee before recruiting, and have no obligation to hire the old employee back if you do not want to hire the person back.

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
month."

So, as an employer you are are free to decide whether you want to ask the old employee if he or she wants the job or just conduct a new recruiting effort without even considering the old employee for his or her prior position.


I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service. Definitely contact me if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. It is necessary for you to rate my answer even though you’ve made a deposit or are a subscriber. I only receive compensation for my work if you rate me positively. Otherwise, I receive nothing for assisting you, and the website retains your entire deposit.

Thanks and best of luck!

-Joseph
Ask Your Own Legal Question
Lawyer: Joseph, Lawyer replied 4 years ago
Hello,

Just wanted to check in to see if you had any follow up or clarifying questions regarding the above information.

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

Thanks and best of luck!
Ask Your Own Legal Question
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
5,299 Satisfied Customers
Experience: Attorney with significant and substantial experience in multiple areas of law.

Joseph 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
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
10,686 satisfied customers
A company/individual enters into a contract with another
A company/individual enters into a contract with another company/individual in State A, both doing business/living in State A. One of the parties to the contract defaults on the contract and subsequen… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,298 satisfied customers
When an employee is provided a domicile apartment at their
When an employee is provided a domicile apartment at their workplace, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Is an employer required to provide ex-employees copies of
Is an employer required to provide ex-employees copies of their timesheets after the employee is terminated? … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Is it legal for a private employee to blanket test
Is it legal for a private employee to blanket test employees? There is no advance warning, but all blanket tests are performed each year at the same times, it is just accepted, but not written in empl… read more
Expert
Expert
Managing Partner
Doctoral Degree
8 satisfied customers
Doe gave contract to Client for party planning services by
John Doe gave contract to Client for party planning services by John Doe Events. Throughout contract, services are specified to come from John Doe Events, rather than from John Doe personally, and Cli… read more
Lori
Lori
Juris Doctor
275 satisfied customers
I entered into a contract with a LLC. The person that signed
I entered into a contract with a LLC. The person that signed the contract is not listed as the Manager for the LLC in the State of Florida. Can a fictitious Owner sign a binding contract for a Company… read more
Loren Stone
Loren Stone
481 satisfied customers
I'm a contract employee but on the website as sales
Hi Pearl I'm a contract employee but on the website as sales director, and am supposed to participate in meetings. Can I refuse the meetings if I'm a contract worker? … read more
Damien Bosco
Damien Bosco
3,386 satisfied customers
Our company contracts with providers to provide services to
Our company contracts with providers to provide services to hospitals with whom we have a contract (similar to a staffing agency). Some of our providers are not US Born. What obligation does our compa… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,288 satisfied customers
Is an employee handbook a contract in Oklahoma? I am not
I am not sure to say "at will" since I don't understand what that means; however, I was full-time. Is this something that yu are asking me to kook up in the employee handbook? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I worked as a contract employee (GRA inc) for about a year
I worked as a contract employee (GRA inc) for about a year and a half. And our contract was with the Defense Health Agency. So basically I'm a contractor working for a federal government agency. I und… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I own a small company with 11 employees. One employee wants
I own a small company with 11 employees. One employee wants to take some time off for the birth of his child. As a small company, do the FMLA rules apply? does this employee have the right to take up … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I am a 1099 contract employee living on NC. I am contracted
I am a 1099 contract employee living on NC. I am contracted with a publishing company headquartered in Chicago. There are a lot of issues with this company. However, the most recent has caused me some… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I have a question regarding contract law. The contract is
The contract is between a company in South Carolina and a company in Hawaii … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,298 satisfied customers
Is it legal to be both an employee and a contractor for the
Is it legal to be both an employee and a contractor for the same business owner? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
The hospital I work at of appx 350 -500 employees contracted
The hospital I work at of appx 350 -500 employees contracted to build a new rehab hosp on the property. This caused 300+ employee to lose their hospital parking and relocated us to a field a mile and … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
An employee of mine signed a contract when she is neither
An employee of mine signed a contract when she is neither authorised to do so or has the authority. Only one person may sign contracts and that is the Managing Director.The contract is almost a scam i… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
987 satisfied customers
I am a contract 1099 employee is CA. a co worker is suing
i am a contract 1099 employee is CA. a co worker is suing for sexual harassment and her attorney has asked to speak with me. I do have to inform the company that her attorney wants to speak with me … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 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