§ 22.2803 — Transition Employment and Notice Period

§22.2803 Transition Employment and Notice Period

(a) Within ten days of notice of the termination of a Contract between a Terminated Contractor and the City, or a subcontract thereunder, the Terminated Contractor shall provide to the New Contractor the names, addresses, dates of hire and employment occupation classification of all Covered Employees of the Terminated Contractor. (b) A New Contractor, awarded a Contract to perform similar services as were provided by the Terminated Contractor, shall retain the Covered Employees for a 90 day transition period. The New Contractor may retain the Covered Employees at the same terms and conditions of employment as existed under the Terminated Contractor; establish new terms and conditions for those Covered Employees; or set them as required by law. At the time the Covered Employees are retain, the New Contractor shall advise them that a written performance evaluation will be provided at the end of the 90 day transition period. (c) If at any time during the 90 day transition period, the New Contractor determines that fewer employees are required to perform the services under the Contract than were employed by the Terminated Contractor, the New Contractor shall retain such Covered Employees as are necessary, determined by date of hire within job classification. The New Contractor shall maintain a preferential hiring list of those Covered Employees not initially retained, for purposes of hiring those Covered Employees during the 90 day transition period should additional employees become necessary to perform services under the contract. (d) Except as provided in subsection (c) of this section, during the 90 day transition period the New Contractor shall not discharge, without cause, a Covered Employee retained pursuant to this division. “Cause” for purposes of this section shall include, but not be limited to, the Covered Employees’ conduct while in the employ of the Terminated Contractor that contributed to the termination of the Contract for fraud or poor performance. (e) At the end of the 90 day transition period, the New Contractor shall provide a written performance evaluation to each Covered Employee. Notwithstanding anything contained in or concluded by the written performance evaluation, the New Contractor shall have no obligation to retain any Covered Employee beyond the end of the 90 day transition period, and the Covered Employees shall have no right or expectation of continued employment with the New Contractor beyond the 90 day transition period by virtue of this division. Any Covered Employee retained by the New Contractor beyond the 90 day transition period shall have no further rights under this division, but shall be governed by other laws applicable to private employment relationships in the State of California and the City. (f) Nothing in this division shall be construed as creating any employment relationship, either during or beyond the 90 day transition period, between the City and the Covered Employees.

(“Transition Employment and Notice Period” added 7–20–1998 by O–18552 N.S.)