N.Y. Labor Law § 791: Terminated call center contract

§ 791. Terminated call center contract. 1. Before termination of a

call center contract in circumstances where a successor call center

contractor will undertake to provide services that were the subject of

the terminating contract, the terminating call center contractor shall

provide to the successor call center contractor, upon the request of a

successor contractor, a full and accurate list containing the name,

address, date of hire and employment classification of each call center

employee whose work includes providing call center services that were

the subject of the terminating contract.

2. Upon termination of a call service contract in circumstances in

which services provided under that contract will be performed by a

successor call center contractor, the successor call center contractor

may retain those call center employees who performed such services for

the former call center contractor immediately prior to termination of

that contract. It may be considered a material term of the call center

contract that such employees shall be retained for a ninety-day

transition employment period.

3. If the successor call center contractor determines that fewer call

center employees are required to perform the services that are the

subject of the contract than had been required to perform such services

by the former call center contractor, the successor call center

contractor may fill the positions that it determines are needed with the

call center employees with the greatest seniority within job

classification; provided, that during the ninety-day transition period,

the successor call center contractor may maintain a preferential hiring

list of those call center employees not retained, and those on the

preferential hiring list may be given a right of first refusal to any

jobs within their classifications that become available during that

period.

4. Except as provided in subdivision three of this section, during the

ninety-day transition period, the successor call center contractor shall

not discharge without cause a call center employee retained pursuant to

this article.

5. At the end of the ninety-day transition period, the successor call

center contractor shall perform a performance evaluation for each call

center employee retained pursuant to this article. If such employee's

performance during the ninety-day transition period is satisfactory, the

successor call center contractor shall offer such employee continued

employment.

6. If the successor call center contractor engages a subcontractor or

other entity to perform call center services provided for in a successor

call center contract, that successor call center contractor shall

require the subcontractor or other entity to adhere to all of the

obligations of this article.