Seniority question

[bcurtis91]

Illinois. I have over 22 years employment as a Radiology Tech. for an area hospital . 4 years ago they changed the position to a registry position, which at the time I agreed to. Last year, however, they eliminated the registry position and I was "rehired" by the hospital. I have never had a lapse in employment there and am working the same job and hours as I have been but they have changed my seniority because they "rehired" me. This puts my seniority at 19 instead of 3. There has been no lapse in employment at any time since I started.

I have discussed this with my Human Resources and plan to do so again but am wondering if I have any legal recourse here? I am willing to take the 3 years as Registry out of my total employment history but don't think that it is fair to be starting over. The switch to registry was at their request, not mine.

Any advice would be appreciated.

Betsy

 

[HomeGuru]

Illinois. I have over 22 years employment as a Radiology Tech. for an area hospital . 4 years ago they changed the position to a registry position, which at the time I agreed to. Last year, however, they eliminated the registry position and I was "rehired" by the hospital. I have never had a lapse in employment there and am working the same job and hours as I have been but they have changed my seniority because they "rehired" me. This puts my seniority at 19 instead of 3. There has been no lapse in employment at any time since I started.

I have discussed this with my Human Resources and plan to do so again but am wondering if I have any legal recourse here? I am willing to take the 3 years as Registry out of my total employment history but don't think that it is fair to be starting over. The switch to registry was at their request, not mine.

Any advice would be appreciated.

Betsy

**A: legal recourse to do what?

 

[bcurtis91]

My biggest concern is holiday scheduling. If I had my true seniority I would have to work 2 holidays of my choice. As it stands today I must pick Christmas and 2 others. While I do not desire any legal action, I would like to know if I refuse to work Christmas and am threatened with termination if I have any standing.

 

[HomeGuru]

My biggest concern is holiday scheduling. If I had my true seniority I would have to work 2 holidays of my choice. As it stands today I must pick Christmas and 2 others. While I do not desire any legal action, I would like to know if I refuse to work Christmas and am threatened with termination if I have any standing.

**A: the only standing you will have is in the unemployment line.

 

[cbg]

No, you have no legal standing whatsoever. Unless you have a bona fide contract that addresses this situation, your seniority is whatever your employer says it is. The law does not address this issue.

They would have to consider all the time you have worked for the company when it comes to any pension or 401k plans, and they would have to consider all the time with the company with regards to FMLA, but other than that, seniority is not a right but a benefit. If you refuse to work Christmas, you can expect to be fired, and it will be a legal firing.