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Where do we stand?

  • Thread starter Thread starter Ravin
  • Start date Start date

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Ravin

Guest
My husband took a job with another company and we moved to South Dakota in May (this company has posts in other states and the headquarters are in another state). On his first day of work he found out that the
person's job he took had been the foreman and then stepped back down from the foreman's position to his old position (the one that was already filled by husband). They had to post the foreman position (internally) and someone from another post in another city/state took it and he had 90 days to decide if he wanted it. That was up the beginning of December and he accepted the position. BUT not one word has been said to us if my husband will have to transfer to that other city. We figured if we had to move AGAIN that they should have to buy our house. Not only that, we would be moving from a town to a city where housing is going to be three times as much. What makes me so mad is that we weren't warned before taking the job and that no one higher up has said a word to us. It sounds like they will post that other position and my husband will have to post for it if he wants to keep his job (and we don't know anyone else that will apply for it - no one else wants to move there either). Well, if he willing applies for the position then we think they will say we willing did it so they don't have to buy our house and help with the move. This has been going on since the beginning of June and we think the axe will drop this week. Where do we stand? Can we force them to buy our house? Does husband have to apply for that other post? Any advice would be greatly appreciated.
 


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Ravin

Guest
I forgot to also mention that my husband also passed his 6 month probation 2 days after this person accepted the job and now he is covered by the union. Should we be contacting them or wait to see what happens?
 
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Roger

Guest
This is a mess, and I would ask the Union first. You may have some legal claim for false recruitment, etc. but that's a fight you do not want to have to go thru.
 
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Attorney_Replogle

Guest
First, yes you should contact the labor union. Then you should also consult with a lawyer near you that represents union employees exclusively (or at least most of the time). Try finding one at attorneypages.com. The reason is that most employment (or labor)law attorneys represent non-union employees. The laws are different for the two and have their own complexities. Anyhow, you may well have a strong advantage to pull if the state where he took the job has a law against false promises that induce a person to move his residence in order to take a job. In California (where I practice) that is found in Labor Code sections 970-972. However, your union contract (also called the Collective Bargaining Agreement or CBA) may figure into this equation also. Lastly, do keep a running journal of everything that happened listing who said what, when, etc. Also keep it up to date about your contacts with the union. OK?

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Mark B. Replogle
 

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