Q: Hello, I have been on work furlough since March 2020 . I have not been called back.
Some peers were called back and even got promoted during this time. I would have been eligible to compete for the position but due to furlough I was never given the opportunity. Is there anything I can contest and how long can I be furloughed. I called to find out my status in July but was given an answer, Thank you.
There is a limited right to re-employment in the hospitality industry if you were working for a large employer.
The rules for San Diego are addressed in the article below.
The general rule is that an employer has no legal obligation to hire back employees who were furloughed. However, a law passed in California requires some employers to give furloughed employees a right to be notified and to receive the job they used to have. However the employers subject to this law are quite limited. Essentially the right is extended to housekeepers, cooks, waiters and bartenders. If you did a job like these in the hospitality industry, you should seek out a consultation with an employment law attorney.
Good luck to you.
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