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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Can the company change "by-laws" so he can legally retain his

Resolved Question:

Can the company change "by-laws" so he can legally retain his sinority status?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.

Good morning,


Thank you for asking for me.


Again, so long as were are not dealing with a union here, the employer can give the returning employee their seniority back if they want to. But there simply is no law requiring that they do so.


It is up to the company whether they want to grandfather the employee in, in terms of seniority---or for that matter benefits like vacation\ and sick leave accrual.


I wish you well.



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