Legal Question in Employment Law in California
I am an employee of a Transit Agency. Due to lack of transportation funding and the bad financial situation, the Transit Agency must lay off employees. The first round of layoffs have no rhyme or reason to them and in some departments, there is a clear showing of favoritism amongst the kept/unkept employees. In addition, more than half of the employees that received letters stating they were "subject to layoff", are of retirement age and/or have the service credits to retire from the company.
It is apparent that they are forcing employees to retire, rather than be laid off. What does unemployment law say about collecting unemployment in the face of a lay off if you are targeted to be laid off? In addition, there are/have been employees that didn't get hit with layoffs that were still on probationary status, while others that were permanent employees received layoff notices. What can we (permanent employees) do at this point?
1 Answer from Attorneys
Contact your union, that is what they are paid dues for. You have no civil rights outside the CBA, union contract. You gave them up when you joined.