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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117367
Experience:  20+ Years of Employment Law Experience
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I am a nys employee i started in 2009 as a permenate

Customer Question

i am a nys employee i started in 2009 as a permenate employee in 2011 i was laid off for 1 a month brought back as a temp. and have been working as a temp. still , the agency also when hired required a nys security guard lic. which i got at my expense . In 2014 I noticed a exam posting for a security guard in which paid app. $ 10,000 less per year . this agency has 2 dept where they keep everyone temp regardless of years they consider us temp park workers and pay much less , I have been at security guard training where guard for other parts of the state claim they have tried this at their location and the fought and won . i believe that this agency is taking advantage of the park worker language . They also do not hire for some positions for the civil service list and the ass. director had just placed his brotherinlaw in a nice job they had made up , not sure what my options are because of my temp/ seasonal status also no break in service ,can you help
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under NY law, unless you are under a union contract, employment is at will and the employer has the right to set rates of pay differently for different employees. If you are under a union contract with the park, the terms of that contract regarding seniority and prior service time and also regarding the contract terms regarding temporary employees. Temporary employees, absent union contract, have no real rights as they are at will employees and are at the mercy of the employer in these matters and the employer can hire whoever they choose for positions and if they created a position for a relative that is not prohibited unless there is a union contract that prohibits it.