QUESTION

Can we change job description and have a current employee re-interview for the job? and can we not hire them if a better candidate is chosen?

Asked on May 10th, 2017 on Labor and Employment - California
More details to this question:
We want to change the job description for a current employee and have him re-interview for the job. Do we have to rehire him or can he be terminated if a better employee is discovered? What documentation is needed?
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1 ANSWER

Discrimination Attorney serving Westlake Village, CA at Law Offices of Stephan Math
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Generally all employment in California is presumed to be at will..what that means is that an employer may terminate an employee for any reason (with exceptions), no reason at all and with or without notice. The limitations imposed are that an employer may not terminate an employee for an unlawful motive, i.e., discrimination, pregnancy or such things as retaliation for an employee filing a complaint against the emplooyer for something the employee reasonably believes was an unlawful act on the part of the employer..otherwise you can always terminate for a legitimate business reason but be careful for instance if the terminated employee is over the age of 40  and you terminate and hire someone under the age of 40 the terminated employee may be abnle to claim age discrimination....Stephan Math Esq, smesq1@aol.com
Answered on May 10th, 2017 at 7:06 PM

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