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As used in this subchapter, the following terms have the following meanings:
Bona fide economic reason. The term "bona fide economic reason" means the full or partial closing of operations or technological or organizational changes to the business in response to the reduction in volume of production, sales, or profit.
Discharge. The term "discharge" means any cessation of employment, including layoff, termination, constructive discharge, reduction in hours and indefinite suspension.
Just cause. The term "just cause" means the fast food employee's failure to satisfactorily perform job duties or misconduct that is demonstrably and materially harmful to the fast food employer's legitimate business interests.
Probation period. The term "probation period" means a defined period of time, not to exceed 30 days from the first date of work of a fast food employee, within which fast food employers and fast food employees are not subject to the prohibition on wrongful discharge set forth in section 20-1272.
Progressive discipline. The term "progressive discipline" means a disciplinary system that provides for a graduated range of reasonable responses to a fast food employee's failure to satisfactorily perform such fast food employee's job duties, with the disciplinary measures ranging from mild to severe, depending on the frequency and degree of the failure.
Reduction in hours. The term "reduction in hours" means a reduction in a fast food employee's hours of work totaling at least 15 percent of the employee's regular schedule or 15 percent of any weekly work schedule.
Seniority. The term "seniority" means a ranking of employees based on length of service, computed from the first date of work, including any probationary period, unless such service has been interrupted by more than six months, in which case length of service shall be computed from the date that service resumed. An absence shall not be deemed an interruption of service if such absence was the result of military service, illness, educational leave, leave protected or afforded by law, or any discharge based on a bona fide economic reason or that is in violation of any local, state or federal law, including this subchapter.
(L.L. 2021/002, 1/5/2021, eff. 7/4/2021; Am. L.L. 2021/001, 1/5/2021, eff. 7/4/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/002.