Legal Question in Employment Law in Florida

New Government Contracting Company

All,

I am in the process of potentially having a problem here at the job. I have been working for one company for almost a year now. They have lost the government contract, and the company taking over on December 1 has initiated a change in our job status, or demotion of sorts, from that of an electronics technician III to an electronics technician II. Is this kind of method legal when a new company takes over a contract? Do they have the authority and discretion to do this?

Thank you to anyone who knows if they have such authority and discretion. Also, if there are any court cases out there that touch on this issue, I would be grateful if they could be sent along to me. Thank you for your time.

Thanks,


Asked on 11/25/03, 3:18 am

2 Answers from Attorneys

Keith Stern Shavitz Law Group

Re: New Government Contracting Company

If your employer is a private entity, they are unfortunately free to modify their positions (and your job/title) at any time---for any reason. As a result, it would seem that you are in a difficult position because you likely need your job but dont want to suffer a loss in pay. However, because have no legal entitlement to your current (or any other) position, you will likely have no choice but to accept the new position or look elswhere for work. Please feel free to contact me at (305) 755-9441 for further assistance.

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Answered on 11/26/03, 11:03 am

Re: New Government Contracting Company

Unless you have a contract with the original company that protects your position (written or verbal, or some type of promise made to you), or the government contract itself protects you from change, then the new company may do as it sees fit. (As long as they do not act in a discriminatory manner.)

This is because you are an employee at will, meaning you can quit or be discharged at anytime, for any or no reason, with or without notice.

Your best bet is to do what you can internally to make yourself indispensable to the new company.

Of course, you can also look for another position and, worst case, collect unemployment if you lose the position.

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 11/25/03, 10:04 am


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