Legal Question in Employment Law in New York

Is this breach of contract?

I have a union job. I was promoted close to eight months ago. My question is about my employer deciding to extend my trial, or review period. Our collective bargaining agreement clearly states that this trial period will be no longer than six months, but employer tells me that I am now in an ''extended trial period'' for another six months. The union said they had signed off on this in the interest of preserving my job. During this period I am considered an ''at will'' employee and have no rights to abritration or official grievance. This is all making me very uncomfortable. I don't think I'm going to be fired, but if I am, I'm going to need the hard facts on this.


Asked on 10/20/02, 6:50 pm

1 Answer from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Is this breach of contract?

It seems to me that your Union is doing you a disservice here. If the CBA says six months then it's six months, unless there is some provision in the CBA that permits the employer to extend the period.

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Answered on 10/21/02, 9:11 am


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