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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20357
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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A employee at work who has byn there years quit to go work

Customer Question

A employee at work who has byn there for ten years quit to go work some where else but came back after 3 weeks when he came back I thought I would have senyority over him but they gave him his senyority back can they do that ...illinois
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. You don't say whether or not you are in a union and work under a bargaining agreement. If you do, then the answer completely depends on the BA. In other words, the BA will discuss seniority and bumping rights. In that case, you would have to review the BA or speak to your union rep. If you are not in a union, then there is no such thing, from a legal perspective, as seniority, other than some government jobs, which again would have the rules in writing that you would need to review. But, as a general rule, there is no seniority in the private sector unless there is a contract that lays it out. No statute provides seniority rights to employees (absent the examples I provided above.)

If not contractual seniority exists, then an employer is always free to place employees in the positions they deem appropriate. The only restriction would be that they cannot treat someone adversely simply because that person is a member of a protected class under employment discrimination laws.

Please feel free to ask for clarification if needed. If none is needed, then is you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 8th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.