My question involves labor and employment law for the state of: CA
I'm doing some research as to figure out if I have a case against a former employer; to which I'm currently seeking reinstatement. Basically, I was accidentally terminated, due to what seems to be a miscommunication between departments. I attempted to fix the problem with HR on what turned out to be my last day, but I was told by the HR person that (while the situation seemed odd/wrong/in error as they had no record or reason that it was my last day), they didn't have the ability to fix the problem at the current time and had to execute the manager's request, and nobody else was in the office that could deal with the issue; the process had to be executed that day.
I then started calling the employer after the “termination” to work out the problem (I couldn't just walk into the building at that point), to which I was told that due to the HR procedures in place, they would have to go through the “normal hiring” process to get me back on the books; even if the action was in error. Normally the hiring process takes 8 months to a year, but they said they could probably do it in 4 to 6 weeks. Shortly thereafter, I was informed that a hiring freeze was put into place company wide, and that while they would like to “re-hire” me, they were unable to due to the freeze. I attempted to point out that they weren't really re-hiring me, since the termination was accidental, but they said there hands were tied due to the hiring freeze.
Months passed, and other departments in the company started interviewing again. I've used every vacation day at my current temporary job to interview at these other divisions, but it's a lengthy hiring process (3 to 6 days off from work per job position due to the battery of interviews, plus the aforementioned process time) and I'm worried that if I try to work my way back into my career via the normal hiring process, any sort of legal leverage that I have could expire due to the time.
Does one have any recourse when a employer terminates an employee in error and doesn't fix the problem? The other odd fact is that just two weeks earlier, I had a series of dialogs with the manager I worked for; where I was informed that I had been being underpaid due to a misclassification of my position in the company. Basically, I was told that on file, I was working for a different manager, with a different job title, and working at a lower pay-rate. He offered to fix the problem, I agreed, and then the next thing I know I'm being escorted down to HR a few days later to have an exit interview.
Does this sound like I have any legal recourse to get reinstated, or would this fall under “at-will” termination?