§ 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.