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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111657
Experience:  20+ Years of Employment Law Experience
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I WAS RED BY IBM AS A TERM TEMP EMPLOYEE MONTHS. I WAS

Customer Question

I WAS HIRED BY IBM AS A LONG TERM TEMP EMPLOYEE FOR 36 MONTHS. I WAS EXTENDED 6 MORE MONTHS (UNTIL 8/15). MEANWHILE IBM WAS SOLD TO GLOBAL FOUNDRIES ON 7/1/15. I FILLED OUT AN APPLICATION AND WAS HIRED AS A LT TEMP AGAIN.GLOBAL KEPT MY SENIORITY (FOR VACATION PURPOSES) WHEN I WAS HIRED. NOW THE MANAGEMENT HAS TOLD ANY TEMP EMPLOYEE WHO HAS 3YR OR MORE TIME THAT WE ARE DONE AS OF 12/31/15.THIS IS ABOUT 12-20 EMPLOYEES. I BELIEVE I HAVE ONLY 6 MONTHS WITH THIS NEW COMPANY. AM I RIGHT? THEY SAY THAT BECAUSE GLOBAL HAS EXTENDED MY HISTORY FROM IBM, THIS CONSTITUTES WORKING MORE THAN 36 MONTHS. PLEASE ADVISE.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, the law does not govern this. The law for at will employment states that this is all based on the wording of your contract. So if you were hired again as a Global employee, but given credit for all of your seniority, that means you are considered as being there for 3+ years for the company's employment purposes (that is what they base your vacation benefits on as well). So if they granted you seniority and paid you based on the seniority, then the company has the right to consider you as 3+ year employee. However, because this is not governed by any laws, it is based on the wording of the agreement you have with Global and unless the agreement says otherwise, because you received the seniority they have basis to claim you are a 3+ year employee.

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