§ 791. Terminated call center contract. 1. No less than thirty
calendar days 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 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. The terminating call center contractor
shall simultaneously post the list in a notice to the call center
employees that also sets forth the rights provided by this article. The
posting shall be in a manner or location reasonably calculated to be
seen by affected employees. The posting may be electronic, provided that
if it is electronic, it must be directed to each affected employee
individually and may not be a general posting on a website. Such notice
shall also be provided to the employees' collective bargaining
representative, if any.

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
shall retain those call center employees who performed such services for
the former call center contractor immediately prior to termination of
that contract. It shall 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 is obligated to retain call
center employees pursuant to subdivision two of this section, but
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 shall 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 shall
maintain a preferential hiring list of those call center employees not
retained, and those on the preferential hiring list shall be given a
right of first refusal to any jobs within their classifications that
become available during that period. Upon determining which employees
shall be retained for the ninety-day transition period, the successor
call center contractor shall provide a list of such employees to the
contracting governmental body.

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 written 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.