Legal to eliminate my job and then hire someone new?

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DrSlaw

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I have learned that my job is to be eliminated next week, and that a new hire will be brought in to do my job with a new title. Is this legal? This is not downsizing, there will be the same number of people doing the same jobs in the same hierarchy.

Thanks for your time.
 
do you belong to a protected class

age - over 40 -, race, disabled, sex, etc.

do you know who you are being replaced by, are they in a protected class
 
theretoo said:
do you belong to a protected class

age - over 40 -, race, disabled, sex, etc.

do you know who you are being replaced by, are they in a protected class
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No, I do not belong to a protected class.

The person I am being replaced by is someone the hiring manager knew from a previous job. The manager has only been with the company for three months. My replacement is African American and over 40. My direct supervisor (who works under the hiring manager, and transferring away in the company) has said numerous times that I am more qualified than the person I am now being replaced by.

Also, I interviewed for my direct supervisor's job since he is leaving. During the interview, the hiring manager had some negative things to say about my direct supervisor. These comments later came up in conversation with my supervisor, and he stormed into the hiring manager's office and made a huge stink. Now I think I am being penalized for the trouble caused by my boss's tantrum.
 
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Everyone is in at least three protected classes. Everyone has a gender, a national origin, and a religion (even if it's no religion at all).

Having said that, it is not illegal to fire you to hire someone the manager already knows, unless the SOLE reason is because of protected characteristic under Title VII. The fact that your replacement is African-American and over 40 doesn't automatically mean YOU are being illegaly discriminated against.
 
depending on the state, in ca, if the person being 'pushed' out is of a protected class, then it is advised to file with the ca department of fair employment and housing. ca state law is the toughest on employers of any state, and they would certainly investigate the possbility of the 'pushed' out employee being discriminated against based on their protected class.
 
great question....in this instance, the employer could 'claim' they eliminated his 'job' due to 'eliminating' the position and think they can get away with it by replacing him with a new employee with a new 'title'

if they are just changing titles, i would ask why they don't just change your title and leave you on, however, a lot of times when a new manager comes on board, they could have alterior motives, as in bringing their friends in for the position or maybe brinigng in someone who is in a protected class to make it 'look good'
 
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theretoo said:
great question....in this instance, the employer could 'claim' they eliminated his 'job' due to 'eliminating' the position and think they can get away with it by replacing him with a new employee with a new 'title'

if they are just changing titles, i would ask why they don't just change your title and leave you on, however, a lot of times when a new manager comes on board, they could have alterior motives, as in bringing their friends in for the position or maybe brinigng in someone who is in a protected class to make it 'look good'
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So where does that leave me? Do I have any recourse?
 
the only recourse i can think of would be to check with corporate policy on it. i don't know of any legal action on it, but i am not an attorney. maybe one of the attorney's on this site will chime in with a better answer.
 
i am not sure how many attorney's actually respond on this site, but there is another site where there are attorney's available to answer questions and/or you can private message them for a direct response, i don't want you feeling like you did not get an answer to your question
 
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You're certainly free to discuss this with the DFEH or an attorney, but I'm not seeing any recourse based on the limited facts you have provided.
 
I would say your best case for a lawsuit is retaliation. If there was some issue there, it much more subjective and certainly worth a shot.
 
This thread is from three years ago. I'm sure the poster's situation has been resolved by now.
 
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