Legal Question in Investment Law in California

breech of contract

My trucking company took over another trucking company in a merger or buyout. In our policy hand book it states that all new employees must start on the bottom of the call board. The employees were to fill outnew application of employment.The company did not want to interupt bussness so all employees of merging company were able to merge onto the line board in front of the exsisting drivers.this because we are a much smaller company than they were. Now they have layed off over a dozen drivers and at the same time close and fired over 900 hundred people from the merged company. Drivers were then transfered from these terminals ahead of other drivers here. Company policie states that no employee can tranfree for now.The company hiried out side the state at the same time it was laying off its workers.My position was 14th on the driver board and is now 91. my job is not only at stake but my income has dropped to less than 1000 dollers a month. the company has broken its own written policies on new hires and trasferrs 2 times. In the real world here if we complain we loss runs and jobs thats just the way it works.Is there a case here? thank you for your time Richard


Asked on 3/25/08, 8:24 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: breech of contract

I think at least part of your answer lies in the fact that employees picked up by the acquiring or surviving company in a merger aren't new hires.

You didn't say whether there is a union contract in effect; if there were, I'd refer you to the National Labor Relations Board; if this is not a collective-bargaining situation, try the California Industrial Relations Department's Labor Standards Enforcement unit - see Government pages in your phone book.

The proper government agency might step in if there is a law violation, but if it is only breach of a private contract I'm not so sure. You might just be told to consult a private lawyer.

You aren't alone - a big airline merger is being held up while the companies and their pilots' union figure out how to interleave the seniority rosters.

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Answered on 3/25/08, 1:05 pm


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