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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5687
Experience:  Exclusively practice labor and employment law.
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I have held a my current position years. We are moving

Customer Question

I have held a my current position for 6 years. We are moving buildings and I have just been told I have to reapply for my job. Can they do this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job issues.

I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for"just cause" (as opposed to “at will" employment which is the default employment condition)? Do all employees have to re-apply or it just you? Do you think the manager(s) are requiring this re-app have an ulterior motive in requiring this of you, perhaps your age, race, gender,disability or religious beliefs?

Customer: replied 1 year ago.
I am not in a union.No I am the only one required to reapply. I do have a contract that expires in July. They said it was to make sure the right person was in the postion as this is a new building
Expert:  John replied 1 year ago.

Unless your contract is an "at will" contract, in which case the employer can terminate it at any time for any reason, your contract would be breached by them for failing to keep you on through the July contract expiration. Otherwise they'd have to terminate you for cause, meaning they have an accurate and significant reason to terminate you (like workplace misconduct). The fact that you are the only one being required to re-apply is a bit suspicious as well and at least implies some animosity toward you - I wonder if it is an illegal animosity like a disdain for your race or gender - but you've not indicated anything that would lead to that. Do you think they are singling you out for an illegal reason - like your age, race, gender, disability, religious beliefs?

Expert:  John replied 1 year ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.