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I’ve worked for FedEx freight for the past 13 years. As of 2 months ago, I applied for a transfer down south and after talking to the local manager there, he assured me that everyone is working 5 days a week, even the lowest seniority folks. Upon hearing this, I signed the acceptance letter and was prepared to move. A few days later, I spoke to friends of mine that work there and informed them that I would soon be going there. They informed me that the bottom seniority guy is not working 5 days but rather 3-4 days a week. Upon hearing this, I immediately attempted to cancel this transfer based on false statements made by the manager and not corroborated by the employees. I was told that if I cancel this transfer and remain where I am that I would be placed on the bottom of the seniority board, hence about to be caused serious financial hardship due to the embellished statements made by an overzealous manager. I did attempt to appeal this decision but was told about a week later tough crap, that it’s policy.
Asked on April 9, 2019 under Employment Labor Law, New York
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
If you have a written contract, including a union or collective bargaining agreement, covering this situation (e.g. transfers) you have whatever rights the contract, by its plain terms, gives you. Without a contract, you have essentially no rights, since without a contract you are an "employee at will." That means, among other things, that your employer can require you to either take the transfer or else reduce your seniority. Employees at will have, for all practical purposes, no rights at work other than to be paid at least minimum wage, to be paid overtime for working more than 40 hours per week (if they are non-exempt, that is), and to not be discrminated against due to certain protected reasons, primarily race, color, national origin, age over 40, sex, disability or religion.
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