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California just gave my 2 weeks is it legal for boss to delete me from the system

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  • California just gave my 2 weeks is it legal for boss to delete me from the system

    Hi, I work for (deleted) home delivery as a driver, and just gave my boss 2 weeks notice. He wasn't happy and said that at the end of the 2 weeks he wants the uniforms and my badge because he wants to delete me from the station's system, so that I can't work for any other contractors. Is it legal for him to do that? I would think it is illegal since it would prevent me from finding work with other independent contractors in the station. He has no reason to get me deleted from the system; I do my job well and have had no claims or valid complaints filed against me. Thanks!
    Last edited by cbg; 09-03-2012, 04:19 AM.

  • #2
    What "system" are you talking about and how would it prevent another employer from adding you to it? You weren't in "the system" before you went to work for your first job, were you?
    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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    • #3
      Why would you not just apply for another job with these other companies directly? If he wants to delete you from his payroll system or database of drivers, he is free to do so.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Originally posted by cbg View Post
        What "system" are you talking about and how would it prevent another employer from adding you to it? You weren't in "the system" before you went to work for your first job, were you?
        It's the station's database,and each station has their own database of drivers,once you are deleted you cannot get re-added because they assume you did something wrong to get deleted. It's permanent, so applying with another contractor won't work. You only get deleted if you did something to get fired or make a huge mistake that gets your contractor in trouble, but I found out recently that he does this to a lot of drivers that leave ,so that they can't go work for other contractors. It's kind of like if I can't have you then know one can.
        Last edited by Wipers; 09-03-2012, 01:54 PM.

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        • #5
          NOT!!! my area of expertise but this might be worth talking to a local termination law attorney on. The key is that you are not the first person affected by this and what you need is not a generic employment law answer, but one in which someone has very expressly examined those cases specific to your industry. If you would be the very first person to bring such a case, it would take very expensive lawyers to even get in the game. But if someone else in your situation has already had a case decided, then there could be a useful decision to cite, which changes things a lot. Some states (including CA) do indeed have restraint of trade rules and public policy rules. But those are just law book answers that do not mean very much. What you need is an actual decided case. Legally the employer not deeming you eligible for re-hire or recommendation is 100% their call. But if their action functionally bars you from work in your profession, that is legally potentially something different. However until/unless someone actually wins such a case, the legal theory of the claim remains just a theory. Sort of the difference between having a good ball team on paper and actually winning a playoff. Until you (or somone) wins, you have nothing but talk.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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