Legal Question in Employment Law in California

Seniority date changes

Can a company change the seniority date of someone who leaves for a period of time like , maternity leave and when they come back get the same seniority date? If so, is there not a law that states that seniority dates can be changed but the hours cannot?

Basically , people here at my company went on maternity leave for a month and when they came back the company moved them back a month or two and the hours that they had before they left were changed. Then others have left the company to seek other opportunities and were gone for about a year and they recieved the same hours that they left with.


Asked on 3/12/03, 5:18 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Seniority date changes

If you are union represented, those questions should first go to them. If not, you should consult an attorney to discuss the actual facts to see if a violation of 'wage and hours' or of 'public policy' or of 'ERISA' has occurred. Contact me if interested in pursuing the matter.

Read more
Answered on 3/13/03, 7:41 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California