Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Here is my situation, I am employed by a railroad and

Customer Question
Here is my situation...

Here is my situation, I am employed by a railroad and everything is based on senority

Lawyer's Assistant: Have you documented this or discussed it with HR?

Im in the process of discussing this with HR, but I'm trying to see what I can do if my seniority is violated according to our union bargaining agreement

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It's full-time union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes the reason I'm asking is because myself and 3 other employees have just entered a new training class for a new position. According to how seniority works we have badge numbers which makes me the senior person with the most service time. But they are placing me last in seniority

Submitted: 10 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
9/23/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,872
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Employment Law Question
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

What is your question about this for us? Have you filed a grievance yet?

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
No I'm wondering what I can do about this
Customer reply replied 10 months ago
hello
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

As you are a union member and this is an alleged violation of contract, the law and your contract says you have to file a grievance through your union for adjudication. If the union finds a violation and the employer refuses to correct it, they will file for arbitration or will go to the National Labor Relations Board to dispute it as an unfair labor practice. This is how any grievance under a union contract must be handled under the contract dispute resolution procedures.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
ok thank you .
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 126,872
126,872 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have a question. I am a member of a union. We are
I have a question. I am a member of a union. We are expecting a reduction in force layoff soon. Also we expect our current contractor to be replaced by a new one. By law , does the new contractor have… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,872 satisfied customers
I had to resign from my company a Casino when I've been
I had to resign from my company a Casino when I've been there 5 years and I was part-time, when a full time position opened it was given to an employee of less than a year. on my exit interview HR inf… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
a little background... I am a 50 year old Law Enforcement Officer
a little background... I am a 50 year old Law Enforcement Officer and have applied for promotion on several occasions. I spent 10 months as acting Supervisor for a District Office and was told that I … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
If an employer has both union and non union employees and there
If an employer has both union and non union employees and there is going to be a cut back in the number of hours with the non union workers, does management have to follow the same criteria for laying… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My Union contract states that "employees employed in the bargaining
My Union contract states that "employees employed in the bargaining unit covered by this agreement shall earn annual leave in accordance with the following schedule: a. 0 to 5 years of full service...… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,872 satisfied customers
I live in iowa,i work as a ful time seasonal TRUCK driver for
I live in iowa,i work as a ful time seasonal TRUCK driver for a asphalt company..i was laid off last dec. and now find out that people with less time than me are being called back is this right or leg… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
If you been with a hotel for 26 yrs and you Work in a specialty
If you been with a hotel for 26 yrs and you Work in a specialty restaurant I am a union Member with local 5 in Hawaii management, Human resource office and union said I cannot Use my seniority over pe… read more
laborlawyer1
laborlawyer1
99 satisfied customers
can a departmnet manager arbitrailily disreguard senority in
can a departmnet manager arbitrailily disreguard senority in shift assignments etc. when senority recognition has been the past practice for many years… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
Hello. My employer wont recognize my seniority over my co-worker
Hello. My employer won't recognize my seniority over my co-worker and thus will not grant me my right to select the work shift I prefer, which is the morning shift. There are only 2 of us in my depart… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am currently employed with a large organizaton and Ive been
I am currently employed with a large organizaton and I've been there four years now and is the most knowledgable in my job area on my team. I have trained everyone around me and I thought that would l… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
At the place I currently work for in the state of Iowa can
At the place I currently work for in the state of Iowa can a union contract a position in the workplace and make a job description for the particular job and then give work hours to someone not on cin… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
i am a 56 year old man. I have 32 years with the same company
i am a 56 year old man. I have 32 years with the same company located in Dallas Tx, the shop is non-union. I have always worked on first shift (6 am - 2 pm) but recently have been told i have to go to… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Hi Paul, A human resources representative, the acting head
Hi Paul, A human resources representative, the acting head of human resources, told me on the day that I was hired that the salary for my position paid more than my previous position, but she had to c… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,872 satisfied customers
I was laid off by my company on Dec 4, 2009. I was called
I was laid off by my company on Dec 4, 2009. I was called back to work for another position and started February 8, 2010. We are governed by a Union agreement that expired January 31, 2010, but are st… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
Thank you Mr. Collins for your response. If I may provide
Thank you Mr. Collins for your response. If I may provide some background to frame situational dynamics you will gain perspective. I am striving to effect positive change for workers by enforcing cont… read more
Lawyer Bob
Lawyer Bob
Doctoral Degree
413 satisfied customers
Im 51 yrs old & a Local 68 union member. I have been employed
Im 51 yrs old & a Local 68 union member. I have been employed at a college university since 9/2/03. In 2004 I advanced to the GMM shop the position I still hold. There are talks of layoffs and my unio… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
I find your advise/answers are the best and very helpful. I
I find your advise/answers are the best and very helpful. I would like to ask you if I have recourse or a case/ground for a lawsuit? I live in california. I am a union employee at a chain retail pharm… read more
Experienced Attorney
Experienced Attorney
JD
268 satisfied customers
I am a 27 year employee for Cook County, which has several
I am a 27 year employee for Cook County, which has several working locations throughout the area. I have been assigned to current location for 5 years. I am one of four managers. Of the managers I hav… read more
John
John
Trial Lawyer
Post-Doctoral Degree
688 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x