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Is this legal termination? California

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  • Is this legal termination? California

    My friend worked for a company that was a corporate location for many years. Then the company was franchised and when the new owners came in, the HR person from corporate terminated her and said it was because the franchisee didn't want to re-hire her.

    They basically told her that when the company went from corporate to franchise, everyone's employment needed to be reinstated, and they all had to technically be re-hired and they simply chose not to re-hire her. They told her she was not technically "fired" but "let go" in a "legal" way.

    I know I'm probably not getting the whole picture from her, but I worked for this company, too, and I know they are shady. I've also worked for corporations turned franchise and have never had any issues with my employment needing to be "reinstated" or whatever.

  • #2
    Short of a CBA or employment contract that guaranteed continued employment under these circumstances, this is not an illegal termination. It is the new employer exercising his right to terminate employment under the "at-will" employment doctrine.
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    • #3
      Agree, see no illegal termination here. It would only have been an illegal termination if she was terminated due to a reason prohibited by law (ie age, religion, gender).
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Ah okay. I was under the impression from her, that they told her that when the business changed ownership everyone had to literally be re-hired, so her termination wasn't really a termination but a lack of re-hire. That's just what she made it sound like, I didn't think that a company changing owners was an automatic termination and everyone has to be physically re-hired with resubmitting forms (I9, etc) but that probably isn't what happened.

        Thanks a bunch!!!!!

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        • #5
          Whether you consider it a termination or a lack to re-hire, nothing illegal was done by the employer.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Originally posted by rebdomine View Post
            I was under the impression from her, that they told her that when the business changed ownership everyone had to literally be re-hired, so her termination wasn't really a termination but a lack of re-hire.
            Not all law is labor law. It would be interesting to check with the prior owners and see if rehiring of the existing workforce was a condition of the sale, and if so, was there any recourse specified in that contract.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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