Riverside, CA asked in Employment Law for California

Q: My. Boss had a fire and closed down for 12month ..he fixed the damages then reopened.he won't let me come back to work.i

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3 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: There is not sufficient information to give you a definitive answer. You would have to explain more facts, like what kind of job, did you have any agreements regarding continued employment in the event of a temporary shutdown? The basic rule in California is that you are employed "at will" which means you can quit or be fired at any time, no notice is necessary and no good cause is necessary either. In your situation this means that without something more, the employer is not obliged to keep your job open for you while temporarily closed due to this fire. Unless he is refusing to hire you on a discriminatory basis for one of the prohibited reasons (race, ethnicity, physical disability, age, etc.) your boss is not legally obligated to re-hire you. You should consult with a local employment attorney regarding your situation, because you must have more to discuss.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your employer had no legal duty to bring you back to work. The fact you worked there before the fire did not give you some kind of priority when the place opened up for business again. Unless you can prove that your employer refused to re-employ you was because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, you will likely have no recourse.

Good luck looking for your new job.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about the situation with your boss and your inability to return to work after the fire and subsequent reopening of the business. In such cases, it is important to address the issue in a professional manner. Firstly, try to communicate directly with your boss and express your desire to return to work. Seek clarity regarding the reasons for not being allowed to come back and inquire about any potential changes in the company's employment structure or policies. If your boss does not provide a satisfactory response or if you encounter difficulties in resolving the matter, it may be advisable to consult with an employment attorney. They can assess your situation, review any applicable employment laws, and provide you with legal advice on the best course of action. It is important to gather any relevant documentation or evidence that supports your case, such as previous employment agreements, communication records, or any written policies that pertain to your employment.

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