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My Workplace hired to many drivers and the work is going to…

Customer Question
My Workplace hired to...

My Workplace hired to many drivers and the work is going to another plant an hour away I’ve been with the company 6 years but left for 3 months to try out a different job and returned back and lost all seniority to bid on routes but got my years of service back just put at the bottom of the list to bid on route. The company is saying the 5 people at the bottom of the list has to transfer an hour away or be laid off we are nonunion . They are doing this by seniority list is this legal.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Kansas

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

No union full time

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

Kansa is a at will state

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 minute by:
11/30/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
No problem
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. I'm sorry to hear about your situation. So, if I can clarify your question, are you wondering whether sorting bids on jobs by seniority is legal even though your senior was given up after you left?

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Customer reply replied 7 months ago
Wondering if it legal to lay off by seniority or make someone transfer by seniority in a nonunion
Customer reply replied 7 months ago
Seniority for years of service was restored just not seniority to bid on routes
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for clarifying. Unfortunately, this does appear to be legal, generally.

There may be some recourse under contract law. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing if they laid you off by seniority if there is no established policy on the matter. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

What other questions did you have for me?

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Customer reply replied 7 months ago
Thanks for your time we have no policy on seniority or anything in the handbook other than restoring seniority if you leave and come back within a year
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

The pleasure is all mine! Sounds you have a legal leg to stand on. There’s just a few other things I’d like you to know before we wrap up this conversation:

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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.

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