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Determining Seniority California CA

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  • Determining Seniority California CA

    I have a question related to seniority. Who would have more seniority? An employee that has more years of service with a company but quit and was later rehired in a another department? or An employee currently working in that same department at the time the other employee was hired? Thanks

  • #2
    What does this have to do with labor law? If this is a union issue this should be posted in the union thread.
    Your options in the workplace are the three "L's"- Live with it, Lobby for change, or Leave. Screaming for an attorney will do no good most of the time.

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    • #3
      But the answer to the question is, however the employer and/or union contract determine it. The law does not address the question of seniority in any state.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Joec- I applaud you, but a little off track there as that was not what I was looking for.
        cbg- Thank you! That's why I asked as "senority" is just as meaningless and unprotected in regards to law as anything else people complain about. Im sure we all heard it all before: i.e. "I have been working here for years. He/she been here 4 months and got that benefit". And no case for recourse...
        Your options in the workplace are the three "L's"- Live with it, Lobby for change, or Leave. Screaming for an attorney will do no good most of the time.

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        • #5
          It would all depend on how you the employeer or the union that represents the workers decide to figure it.

          As for an opinon on the matter if the employee voluntarily quits and then is later rehired, he would lose all seniority. If the employee is terminated/laid off due to lack of work/skills but is later rehired you can figure each employees total length of service (before and after termination) and who ever has more time "served" would have higher seniority.

          But in any case unless YOU as the employee have some sort of seniorty based system it really doesn't make a difference.

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          • #6
            But if we are talking about layoffs, there are many more factors than seniority that go into making that decision. Job performance is one. You don't have to keep a poor performer over a good one because the poor performer has been there five years and a good performer has only been there for three.

            There is also the plain and simple issue of which jobs can be done without. What projects are being worked on. Who can pick up and move to another job and who can't.

            It's far from a simple process. I won't speak for CA, but in MA the good faith and fair dealing concept does not require an employer to use seniority as the determining factor.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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