§ 19-3. Employer responsibilities.

(a) Incumbent business employer to provide list.

Within 15 days after the execution of a transfer document, the incumbent business employer shall provide to the successor business employer the name, address, date of hire, and occupation classification of each employee.

(b) Relevant period; Preferential list.

Beginning from the execution of the transition period and continuing for 6 months after the business is open to the public under the successor business employer, the successor business employer shall:

(1) maintain a preferential hiring list of employees identified by the incumbent business employer under subsection (a) of this section; and

(2) only hire employees from that list during that period.

(1) Subject to paragraph (3) of this subsection, the successor business employer shall offer to retain and, if the offer is accepted, actually retain each employee for no fewer than 90 days following the date on which an employee retained by the successor business employer commences work for the successor business employer for compensation.

(2) During the 90-day transition employment period, an employee shall be employed under reasonable terms and conditions of employment or as required by law.

(3) A successor business employer may retain less than all of the employees during the period described in subsection (b) if the successor business employer:

(i) determines that fewer employees are required than were required by the incumbent business employer;

(ii) retains employees by seniority based on length of service within each job classification; and

(iii) hires any additional employees from the preferential hiring list required by subsection (b), in order of length of service, until all employees on that list have been offered employment.

(d) Offers of employment.

(1) Any offer of employment made to an employee under this subtitle shall:

(i) be in writing and include the name, address, date of hire, and job classification of each employee; and

(ii) remain open for at least 10 business days from the date of the offer.

(2) The successor business employer shall retain a copy of any offers made to employees under this subtitle for at least 3 years from the date the offer was made.

(e) Retained employees.

(1) Discharge prohibited.

During the 90-day transition employment period, the successor business employer may not discharge an employee retained under this section without just cause.

(2) Conclusion of transition period.

(i) Written performance evaluation required.

At the end of the 90-day transition employment period, the successor business employer shall perform a written performance evaluation for each employee retained pursuant to this section.

(ii) Satisfactory evaluation.

If an employee's performance during the 90-day transition employment period is satisfactory, the successor business employer shall consider offering the employee continued employment under the terms and conditions established by the successor business employer or as required by law.

(iii) Retention of evaluations.

The successor business employer shall retain a record of the written performance evaluation required by this subsection for a period of no fewer than 3 years.