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ANDREA
ANDREA, Attorney
Category: California Employment Law
Satisfied Customers: 12554
Experience:  JD, LLM (Federal Taxation); Employment Law, Employment disputes
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Im not sure if youre able to give advice on where/who I should

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I'm not sure if you're able to give advice on where/who I should contact but my issue is this. In 2010 I was laid off from a East Bay Police department as a Community Services Officer. Our lay off notice states that we are rehire-able for two years. This expiring in July 2012. The city is now in the process to hire retired police officers to fill the positions we once held. Can they do this?!? They state it will cost the city $45 and hour/ no benefits to have them do the job we once held. But yet it's less money an hour to fill the position with a CSO. Is this something that I would bring to the state?!? I was told someone talked to the POA and they stated it should be mentioned.

Katherine

ANDREA, :

Hi, and Welcome to JustAnswer. Thank you for your question.



My name isXXXXX am an Attorney and would be glad to help

JACUSTOMER-4v7s7013- : What is your advice
ANDREA, :

Q. Did you have a written employment agreement ?

JACUSTOMER-4v7s7013- : Whe we were laid off they stated we could be rehired within a two year time frame. This ends in July.
ANDREA, :

I understand that, but what I was asking was if you had a written employment agreement

JACUSTOMER-4v7s7013- : I guess yes. On our letter of lay off it stated the return agreement. Where we would have to do polygraph or backgrounds again. Just come back to work as the day we left. Now the city is in the process to bring four to five retired officers to fill our positions.
JACUSTOMER-4v7s7013- : We were under the police officer association.
JACUSTOMER-4v7s7013- : One of the board members stated if they were a laid off CSO they would contact the state about the cities decisions. The board members are actual officers.
JACUSTOMER-4v7s7013- : That was we wouldn't have to not would for the polys and background
ANDREA, :

If there is no written employment between the employer and the employee which spells out among other things, you salary, vacation time, benefits, under what conditions they could be laid off, under what conditions the employee can be terminated, then an employer can lay off employees for whatever reason, or for no reason. The fact that, as you stated, the employees that were layed off were "re-hireable" was not a guarantee of being rehired, or that all employees that were layed off would be re-hired.

ANDREA, :

If the employee was informed in writing that whoever was layed off would be the first to be re-hired, then you have a pretty good case

JACUSTOMER-4v7s7013- : It was understood that if the city had the funds to bring back cso's then it would in order of seniority as long as it was in the two years. The city now claims they are 18% in gain in reserves and money coming in but are choosing to backfill the positions with officers part time. But yet at a high cost
JACUSTOMER-4v7s7013- : I'm sure there is something written in the MOU's with the city. In the end the POA did fail to represent our interest during the choice to be laid off. It was three officers or 22 CSO's. Our president choose to use the CSO's as city bait to keep cops. Then ended up having to fill CSO positions with cops. So in the end they lost 6 officers from the street.
ANDREA, :

Promises or understandings must be in writing. The fact that "it was understood" creates the real problem here. Whoever was doing the negotiating should have secured this understanding in writing for your group.

Although the pay scale you and other layed off employees was lower than what will be paid to those presently being hired, but they are not receiving any benefits.

The fact that those being presently hired will only work part time, may be a substantial saving to the City when all factors are considered such as health benefits, pensions, and all other benefits which full time employees have.

ANDREA, :

Have any petitions been signed to voice your group's objections ?

JACUSTOMER-4v7s7013- : An hourly cost with benefits for a CSO was $43 and hour at a base pay of $24.97. A retired officer pt with no benifits is $45 an hour.
JACUSTOMER-4v7s7013- : Not as of yet. This is all new information. And a board member only said "if I was a CSO" and stated to contact the state. There's no real "respect" to the president only due to his misrepresentations. So why I'm asking thru here. There's is other board members easier to contact but have not as of yet.
JACUSTOMER-4v7s7013- : I'm pretty sure the letter is a contested agreement. They can't hire new csos without going thru seniority list first.
ANDREA, :

I cannot say anything regarding the $43 because I do not know what amount in additiona;l benefits the CSOs have which are not reflected in the $43 figure.

You can certainly argue that your group was given to understand that they would be the first to be re-hired and in reliance on that understanding, you agreed to the lay off. Your "justified reliance" on their statements resulted in your financial detriment."

ANDREA, :

I wish I could give you the answer you were hoping for and it would have given me great pleasure to do so, but I have an ethical obligation to give correct Answers, so please try not to hold the law applicable to your situation against me,



 




POSITIVE FEEDBACK and BONUS are appreciated

Thank you for allowing me the opportunity to assist you,

JACUSTOMER-4v7s7013- : See there reasoning to hiring the retired officers are to fill four positions in the jail. Which was held as a CSO position. If they fill those with retired officers then the four current FT officer can be back out to patrol.
JACUSTOMER-4v7s7013- : Is there someone in the state labor board I can contact?!? In California.
ANDREA, :

That can be used against your group because the City can argue that they need more police out on the street

ANDREA, :

Let me see if I can find some contact information. Please stay online because I will only be a minute, Okay ?

JACUSTOMER-4v7s7013- : But I guess my confusion is how can they bring a new hire regardless of being retired to fill a CSO position.
JACUSTOMER-4v7s7013- : Ok
JACUSTOMER-4v7s7013- : The police officers association represented us along with the officers. Same bargaining group if that helps. We paid the same dies as officers.
JACUSTOMER-4v7s7013- : They have the money for FT officers. They are currently in the process of hiring five.
ANDREA, :

I found the following two contacts. Each has a link to other sites. I hope this helps and I certainly wish you the very best !

Department of Industrial Relations:

https://www.dir.ca.gov/



Division of Labor Standards Enforcement:

https://www.dir.ca.gov/dlse/aboutDlse.html




 




POSITIVE FEEDBACK and BONUS are appreciated

Thank you for allowing me the opportunity to assist you,

Kindest Regards,

JACUSTOMER-4v7s7013- : Thank you!!
ANDREA, :

You are very welcome, Please do not forget to press the 'Accept' button and to leave some Positive Feedback

ANDREA and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
One more question. Would this be a situation to contact an attorney to represent the group?
That is a good idea. You can pool your money together.

Before you pay any attorney a retainer, take advantage of the free or low cost consultations that are offered. By low cost, I mean no more than about $25 for a 30 minute consultation. You can have consultations with a few attorneys, then select the one with whom all of you feel the most comfortable, who answers all your questions without hesitation and who has substantial experience in Labor Law.

Here is the California Bar Association Lawyer Referral Service:

http://www.californiaattorneyreferral.com/?PPCCode=G4-CA-LRIS


Thank you for accepting my Answer, I greatly appreciate it, but what I appreciate the most is placing your confidence in me to assist you.

 

If you have not already done so, please take a moment to leave some Positive Feedback


If you need anything further, please feel free to ask for me by typing my name at the beginning of your question, like this,

 

"For Andrea only .........." And your question will be directed to me

Thank you again for allowing me the opportunity to assist you,
That is a good idea. You can pool your money together.

Before you pay any attorney a retainer, take advantage of the free or low cost consultations that are offered. By low cost, I mean no more than about $25 for a 30 minute consultation. You can have consultations with a few attorneys, then select the one with whom all of you feel the most comfortable, who answers all your questions without hesitation and who has substantial experience in Labor Law.

Here is the California Bar Association Lawyer Referral Service:

http://www.californiaattorneyreferral.com/?PPCCode=G4-CA-LRIS


Thank you for accepting my Answer, I greatly appreciate it, but what I appreciate the most is placing your confidence in me to assist you.

 

If you have not already done so, please take a moment to leave some Positive Feedback


If you need anything further, please feel free to ask for me by typing my name at the beginning of your question, like this,

 

"For Andrea only .........." And your question will be directed to me

Thank you again for allowing me the opportunity to assist you,