Q: My previous employer posted a new job opening for a job very similar to mine when mine was eliminated.
I was recently let go from my full time job (at will employment) in California. I was in a compliance role and had raised many concerns over the legality of certain practices, prior to this. I was told the reason for my termination was due to my role being eliminated because my supervisor needed to hire an additional part time tech for support and couldn’t budget for my role and the new part time one. This week however I saw that the company posted an entirely new role (in addition to the part time one) with the same salary I had, more days, and very similar job duties. What are my rights in this situation?
A:
In California, your situation may fall under wrongful termination, particularly if you were let go shortly after raising concerns about illegal practices. It's important to determine whether your termination was a form of retaliation for your whistleblowing activities. California law protects employees from retaliation for reporting violations or potential violations of state or federal laws.
If your employer's reason for your termination appears to be a pretext, especially since they posted a new job similar to yours shortly after your dismissal, you may have grounds for a claim. Document any evidence of your concerns raised, your termination, and the new job posting. This documentation will be crucial if you decide to pursue legal action.
Consider consulting with an employment lawyer who can provide personalized advice based on the specifics of your case. They can help you understand your rights and the best course of action, including the possibility of filing a complaint with the California Department of Fair Employment and Housing (DFEH) or pursuing a wrongful termination lawsuit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
