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Timeframe for position rehire after layoff
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Timeframe for position rehire after layoff
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How long does a company need to wait to rehire for a position that an employee was laid off due to reduction of force? This is in california.
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Forums  »  Topic Forums  »  Legal Forum  »  Timeframe for position rehire after layoff

Timeframe for position rehire after layoff

posted at 5/21/2009 8:05 AM EDT
Posts: 2
First: 5/21/2009
Last: 5/21/2009
How long does a company need to wait to rehire for a position that an employee was laid off due to reduction of force? This is in california.
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Timeframe for position rehire after layoff

posted at 5/21/2009 8:31 AM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
If in fact it was a layoff why don't you simply recall the person who was in the job?
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Timeframe for position rehire after layoff

posted at 5/21/2009 8:46 AM EDT
Posts: 2
First: 5/21/2009
Last: 5/21/2009
What is the legal timeframe if you didn't want to rehire the same person?
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Timeframe for position rehire after layoff

posted at 5/21/2009 9:38 AM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
So then you misrepresented the reason for separation which could, if this individual wanted to make it one, become an issue for you. There are many instances where companies have been successfully sued for discrimination and wrongful termination by misrepresenting the reason for separation.

As to a "Legal" waiting period...there really isn't one.
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Timeframe for position rehire after layoff

posted at 5/21/2009 10:12 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
I agree with HRPro that there is no set timeframe on when it is legal/illegal. Too many companies use a "layoff" as a pretense to get rid of an employee rather than being honest that it is about their job performance. And that makes the laidoff employee question the situation when they hear that the employer has replaced them. They start to wonder why they weren't recalled if the position became open again. And if it happens that they are in a protected class, it is possible that they could file a complaint and make life uncomfortable for the company for a while.

One question -- did they sign a severance package that include a waiver/release of claims? If so, you might be more protected. If not, you might consider doing so in the future. You would need to check with a local labor/employment atty in CA to see what is needed to make it legal in CA.

Granted, I know that business needs can change and you can decide that you really needed that position. But if you do rehire, I would not make it for the same exact position.
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