No person may bump into a classification unless that person has been a regular employee in permanent paid status in that classification. However, under Tucker V. Grossmont (2008), if there is a vacant position and there are no laid-off or bumped employees who have bumping rights to that position (i.e., where the employee has previously held that position and has seniority), then a laid-off employee on the re-employment list has the right to the position over any new applicant if he or she meets the qualifications for the position at the time the position becomes vacant, even if the employee has never previously held that position.

Id., at p. 648. The court concluded by holding that the laid-off employee “has preferential employment rights over any new applicant to available positions for which he or she is qualified.” Id.