Employer didn’t disclose job was considered temporary

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Employer didn’t disclose job was considered temporary

I was hired by a company and only latter on did I
discover that my position was considered temporary
by the company contract between the company and
the union . None of the 16 employees in my area
were notified that the position was temporary when
being hired and we were told that the union contract
details were still being hashed out and once
everything was finished we would get a copy of the
contract . The union isn’t fighting for my area to keep
our job as now the company wants to pay us off .. Is
this allowed ?

Asked on May 25, 2016 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unless this action violated the terms of a union agreement, employment contract or company policy, it was legal. Also, no form of legally actionable discrimination must have been involved in your treatment. Otherwise, as an "at will" employer, your company was free to set the conditions of employment much as it saw fit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You don't have any rights under the law generally: employers may hire you on a temporary basis, or hire you and then shift you to a temporary basis, at will, without notice, discussion, or warning, and they do not need your consent. If you are already a union member, you may have rights under your union contract, but need to review the terms of the contract to see what rights, if, you have.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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