California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Didn't realize I hadn't rated your previous answer. I took care of it.
The previous agreement expired Nov 2012 but remained in effect until March 2013 because we failed to pass the contract that the company offered the first time around.
I definitely agree with your position on this but the problem is the company is laying off these individuals and without severance will cause undue hardship for many of them. I'm 100% certain that the grievance will be won (6 months later) but what good does the money do when the damage has already been done. Is there any specific case law that we could refer to that would back up our case that an employee hired under an old contract term for termination is "grandfathered" under those terms for termination. For example, our company in 2014 is changing to a new pension plan. For employees hired before 2014 they can elect to keep the old pension plan or change to the new one but anyone hired after 2014 is only going to get the new pension plan. This 100% complies with my argument that you can't force an employee into new contract terms without their consent and all employees are "grandfathered" under the terms they were hired under. If that makes sense. Just need some type of case law to back up my position, if there is any. Thanks again and if you find something I'll pay a nice tip too
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).