Legal Question in Employment Law in Florida

Returning after a Reduction In Force

In 2002, after I had worked for my company for 6 years I was laid off because my position was elimiated during a Reduction in Force in which they laid off approximately 35 other people. In 2003 the same company hired me back doing a different job. In all respects they treated me like a new hire, even though at one point before the RIF they led us to believe that in the event that anyone was rehired they would regain their seniority. I am wondering if I should have my vacation accruals accumulate at the same rate as I would have if I had never left, as well as if my overall tenure with the company should be taken into consideration for things that require seniority?


Asked on 7/18/04, 3:18 am

1 Answer from Attorneys
Jeffrey Sheldon

Re: Returning after a Reduction In Force

There is no law on this specifically. Rather, it depends on what your agreement was. If you were actually promised that you would regain seniority (I don't know exactly what you "were led to believe" means), and that would mean, among other things, that vacation accrues at your old rate, then you have a legitimate contractual argument that you should indeed regain seniority and have the vacation accrue at the higher rate.

Be aware that even if a seniority comment or promise was made, there are many arguments the company could make against such a contract being enforceable. But it is worth raising the issue, diplomatically, and asking someone (HR, a trusted senior executive, etc.) to look into it.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 7/18/04, 8:57 am


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