What arethe rights ofan employee with seniority?

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What arethe rights ofan employee with seniority?

I work for a school district and last year lost my job as a teacher’s aide. Because of my seniority in my building I was allowed to stay and take a personal aide job; 2 personal aides with less seniority were shipped out of the building when this happened (another teacher’s aide is in the same situation). Now my student is moving to another building and I was told that I was also moving on with him. However, I do not want to leave my building. There are several other aides with less seniority than me. I wonder if I have any rights. We are a non-union district.

Asked on February 27, 2011 under Employment Labor Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

Unfortunately, seniority doesn't automatically give an employee legal rights.  If you are an "at will" employee then, your employer can hire or fire you for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as it sees fit.  An employee in turn can choose to work for an employer or not. Exceptions to this would be if there is a stated company policy that is contrary, or there is a union/employment agreement that does not allow for such action, or this situation has arisen due to some type of discrimination (i.e., for reasons due to your race, religion, age, disability, sex, national origin).


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