Can a long-term employee be let go before a new hire?

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Can a long-term employee be let go before a new hire?

I taught at a private school for 20 years.  1 of 2 long time employees that were left. New hires are working for minimun wage. I made $11 per hr. So ecconomics were the reason stated for my dismissal or lay off. Is it legal to let me go and not a new hire?

Asked on August 27, 2010 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm afraid that your termination was legal.  The reason is that most employment relationships are what is known as "at will"; meaning that you can choose to work for an employer or not and an employer can hire or fire you for any reason or no reason.  While seemingly unfair it's the law.

Exceptions to this would be if this action was not allowed by virtue of an employment contract, union agreement, or official employer policy statement.  Also, discrimination must not have played a role in your termination.  Absent any of these circumstance your firing did not violate the law.


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