Q: Can I sue my employer for laying me off and keeping an employee that has been with the company less time then me?
A:
Sorry, but the law does not recognize seniority as a protection against termination or lay off. An employer can lay one employee off and keep another regardless of how long either has been with the company. The only way that could be unlawful is if you could prove you were laid off instead of another employee because you engaged in some form of legally protected conduct, or because you are a member of a protected class of people, i.e., your race, color, national origin, religion, disabled status, gender, gender identity, sexual orientation, marital status, and a few other classifications.
Good luck to you.
A: I disagree with Neil Peterson's response to your question. In the even the person who was not laid off was younger than you and you are older than 40 years old, that could be age discrimination. You haven't really provided enough details to know whether or not you could qualify for an age discrimination lawsuit. But if you are over 40 and the person who was kept was under 40 at the time you were laid off, you can always file a claim with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) and let them investigate your claim. You can go to their websites and file the claim online. Copy and paste the link: https://www.dfeh.ca.gov/ or https://www.eeoc.gov/
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