DOES SENIORITY COUNT

DOES SENIORITY COUNT OR STAND UP IN COURT? OR IS IT
BASED ON EACH EMPLOYERS, EMPLOYEE POLICY?
EXAMPLE A EMPLOYEE IS NAMED MANAGER AFTER HAVING 3 YRS EMPLOYMENT WITH THIS CO.
AND AND EMPLOYEE WHO HAS 17 YEARS EMPLOYMENT IS NAMED ASST. TO THIS MANAGER.
THIS MANAGER IS CHANGING THINGS TO HIS LIKING, AND STATES THAT SENIORITY DOES NOT COUNT WHEN IT COMES TO EMPLOYEE VACATION, WORK SHIFTS, ETC ETC.
THIS QUESTION IS FOR ANOTHER FRIEND WHO DOES NOT HAVE ACCESS TO THE NET,
I TOLD HIM IT'S UP TO THE EMPLOYERS POLICY, HE ASK IF SENIORITY WILL STAND IN COURT IN THE EVENT SOMEONE FILES A DISCRIMINATION COMPLAINT AGAINST THE MANAGER OR CO.

Henry; seniority is but one arrow in the quiver to be considered when targeting someone for a position. Seniority is relative and must be viewed in conjunction with all other factors. By itself, it does not necessarily equate to anything at all. but, everything else being precisely equivalent among the candidates, one might think it would tip the scales. Tell 'your friend' a company is at liberty to establish and follow policies to their liking as long as those policies do not discriminate illegally; and overlooking someone's tenure by giving greater weight to things like performance, leadership skills, attendance, accomplishments and education is not illegal.

As another respondent said: "seniority is but one quiver" in determining any illegalities of a decision.

Your statement/question doesn't state how many total years experience both the newly named manager and assistant managers have, nor does it state the educational backgrounds or anything about the job performances in former positions. All of these factors are considered when making promotional decisions.

Skills and aptitude testing scores are also considered, as are interpersonal skills.

One point I always make whenever the subject of seniority comes up is whether the person in question has 3 years of experience or 3 years of experience relived 5 times over. Some people just don't grow professionally for whatever reason. They don't want to, feel that the company "owes" them promotions just for showing up in a job. Those are not the people I want leading others.

When considering vaction or other leave time in relation to seniority - the question shouldn't even come up. Everyone deserves time off during the holidays. If one person continually gets prime days, that's not fair to others in the department/company, and can lead to a disguntled and resentful workforce. Turns should be taken. If anything should be considered, it should be job performance. Not seniority.

As for the new manager changing things...did you ever stop to consider that the changes are occuring, because they need to occur? The new manager was probably hired as a result of the ideas s/he expressed during the interviews, and upper management has approved the changes.

Regarding your friend's access to the Internet...does h/her job necessitate access? Employers are not required to pay for ever employee's access to the World Wide Web.

Both you "friends" sound like first class grousers. I'd remove myself from their acquaintence before you become similarly viewed.




>DOES SENIORITY COUNT OR STAND UP IN COURT? OR IS IT
>BASED ON EACH EMPLOYERS, EMPLOYEE POLICY?
>EXAMPLE A EMPLOYEE IS NAMED MANAGER AFTER HAVING 3 YRS EMPLOYMENT WITH
>THIS CO.
>AND AND EMPLOYEE WHO HAS 17 YEARS EMPLOYMENT IS NAMED ASST. TO THIS
>MANAGER.
>THIS MANAGER IS CHANGING THINGS TO HIS LIKING, AND STATES THAT
>SENIORITY DOES NOT COUNT WHEN IT COMES TO EMPLOYEE VACATION, WORK
>SHIFTS, ETC ETC.
>THIS QUESTION IS FOR ANOTHER FRIEND WHO DOES NOT HAVE ACCESS TO THE
>NET,
>I TOLD HIM IT'S UP TO THE EMPLOYERS POLICY, HE ASK IF SENIORITY WILL
>STAND IN COURT IN THE EVENT SOMEONE FILES A DISCRIMINATION COMPLAINT
>AGAINST THE MANAGER OR CO.

A real seniority system is typically only found in a union environment and in civil service. These systems will usually be held up in court. Outside of a union environment or civil service seniority is, as stated in the other posts, just one factor in many when decisions are made. I think that the only way that it would hold up in court is if your friend were able to prove that seniority had been rigorously followed in the past and for some reason (race, sex, etc) it was not followed for him or her.

Henry,

It seems to me that you gave your friend good advice. Yes, I think it depends on the employer's policy whether and to what extent seniority will count. The only thing I would add is that if there is a collective bargaining agreement, then management would not be able to change the seniority provisions without negotiating the changes with the union. Also, I have seen cases where seniority in a collective bargaining agreement is even recognized by the EEOC if the employer is somehow required to give preference to seniority over an affirmative action policy. I have had this deabate with several people and whether seniority should count depends on your perspective of the value of hanging around on the same job. It seems to me that seniority should not count in hiring because it should be the best qualified individual to be selected, not the person who has lasted the logest in the organization. On the other hand, it would seem that for the issue of transfer to a shift or vacation periods, seniority may be a good way to prioritize conflicting requests. Good luck on this interesting issue. Jimbo