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(1) A Successor Hotel Employer shall maintain a preferential hiring list of Eligible Employees, as identified by the Incumbent Hotel Employer as set forth in subsection 9-5402(4) or as the Successor otherwise obtains information regarding such employees, and shall be required to extend employment opportunities for all positions established to the individuals on such list for a period beginning upon the execution of the Transfer Document and continuing for six months after the hotel is operating and open to the public under the Successor Hotel Employer. Such offer shall be in writing and shall remain open for at least ten business days from the date of the offer.
(2) Such offer shall be made regardless whether the Successor Hotel Employer hires directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity.
(3) If the Successor Hotel Employer extends an offer of employment to an Eligible Employee, the Successor Hotel Employer shall retain written verification of that offer for no fewer than three years from the date the offer was made. The verification shall include the name, address, date of offer and occupation classification of each Eligible Employee.
(4) If the Successor Hotel Employer determines, within the six-month period established under subsection (1) above, that it requires fewer employees than were required by the Incumbent Hotel Employer, the Successor Hotel Employer shall first offer available positions to Eligible Employees in the same occupational classification with the greatest Length of Service with the Incumbent Hotel Employer.
(5) Successor Hotel Employer shall retain each Eligible Employee hired pursuant to this Chapter for no fewer than 90 calendar days following the Eligible Employee's Employment Commencement Date and shall not discharge such employee without cause.
(6) At the end of such 90-day period, the Successor Hotel Employer shall perform a written performance evaluation for each retained Eligible Employee. The Successor Hotel Employer shall retain a record of the written performance evaluation period of no fewer than three years.