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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18373
Experience:  B.A.; M.B.A.; J.D.
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i work as a professional caddie. its a seniority based sytem.

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i work as a professional caddie. its a seniority based sytem. i left for 18 months, but contractually gone 9 months. i was in the top tier when i left. when i was hired back, i lost all my seniority. my issue is the contract itself is being questioned?? in the contract it states you must work 16 days a month to be considered full time, and retain your seniority. this rule is not enforced what so ever?? i had 4.5 years of service time and impeccable record while i was there. one person was fired for drinking on the course, only to have the resort step over, the abiding caddie management company and reinstate him with only a partial loss of seniority. do i have a legitament arguement in moving forward.
thanks, XXXXX XXXXX
Submitted: 6 years ago.
Category: Legal
Expert:  Phillips Esq. replied 6 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

How many days did you work in a month?

Customer: replied 6 years ago.
i have always maintained around 21 days a month. also there are some other instantces in which a caddie was hired back after five years away. they say he signed a contract every year to be on call status? thus only working around 12 jobs a year, he only loss partial seniority. i feel wrongfully overlooked and treated unfairly
Expert:  Phillips Esq. replied 6 years ago.

Thank you for the additional information.

 

Now back to your original question:

 

i work as a professional caddie. its a seniority based sytem. i left for 18 months, but contractually gone 9 months. i was in the top tier when i left. when i was hired back, i lost all my seniority. my issue is the contract itself is being questioned?? in the contract it states you must work 16 days a month to be considered full time, and retain your seniority. this rule is not enforced what so ever?? i had 4.5 years of service time and impeccable record while i was there. one person was fired for drinking on the course, only to have the resort step over, the abiding caddie management company and reinstate him with only a partial loss of seniority. do i have a legitament arguement in moving forward. thanks, XXXXX XXXXX

 

Response: Yes, you do have legitimate argument here . It appears that the contract is not being enforced in a fair and consistent manner. If one caddie was fired for drinking and then reinstated and another caddie took five years off and lost partial seniority, you should be able to get your seniority back. You need to send a written request for reinstatement of your status by both regular and certified mail to the caddie management company--if regular mail is not returned but the certified mail is not claimed, the presumption is that the mail was received. You need to make sure to give ALL instances where the contract was not adhered to and use those instances as the bases for asking for reinstatement of your seniority.

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