If I return to a job after a 2 year absence, do labor laws prevent my employer from giving me credit for my prior service?

The state is Illinois. The company claims that labor laws prevent them from giving seniority for my 10 years of prior employment due to the length of the absence and that I must start over as if I never worked there. There is no union involved.thank you

Asked on May 31, 2009 under Employment Labor Law, Illinois


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I don't know of any law that prevents them from restoring your seniority, but I also don't know of any law that says they have to do it, either.

Unless there is some written policy, that pretty clearly says you get to keep your seniority even if you are gone for that length of time, I don't think there's much you can do about this, unless there are some other facts not mentioned here.  Even if there is a written policy, getting the court to see it as a contract is usually an uphill battle, even for experienced attorneys.

If you want to pursue this, you need a lawyer, and one place you can find qualified counsel is our website, http://attorneypages.com

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