I have been working in a job with heavy travel for 6 months now. I have asked my boss to transfer me to another department within the company because of personal circumstances that will not allow me to travel. They are now saying that I will basically have to be rehired into the company and that they may even temporarily let me go until a job becomes available.
My boss originally stated that I was refusing to do my job and I could be fired for that. Since then I have asked for work while I am waiting in the office for this to resolve itself and they have not given me any work to do.
2007-01-05 02:52:39 · 3 answers · asked by bbopper 2 in Business & Finance ➔ Careers & Employment
Seems to me that your boss is setting you up for a "constructive discharge", making your work life miserable in retaliation for your request for a transfer due to a "personal hardship" that you will resign.
As for "failure to do your job", that one is a stretch. You have not refused, you simply can't due to "personal situations". If s/he had sufficient grounds, don't you think that your boss would have pulled the trigger?
As far as being "re-hired", I don't think so. Such a move would erase all benefits built up during your tenure - pension, vacation, salary, etc. - unless the company agrees to "bridge" the benefits, (but don't hold your breath). Another retaliation tactic
I recommend that you update your resume, and find a competent employment lawyer (through the local Bar Association's referral service), as preliminary strategy in the event you are "laid off".
2007-01-05 04:42:26 · answer #1 · answered by PALADIN 4 · 0⤊ 0⤋
I'm sorry to say, you have no rights. You are really at the employer's mercy unless you have a union. Think back about what was said when you were hired and also look at your job description and employee handbook. If you are being discriminated against (being treated differently than others in your same job category) you can file a complaint with the Equal Employment Opportunity Commission (EEOC). Good luck. I don't know if you need to care for a family member and if your company would be covered by the Family Friendly Leave Act or whether you could ask for light duty if your health is impaired. Do not get an attitude.
2007-01-05 03:09:25 · answer #2 · answered by Darby 7 · 0⤊ 0⤋
They are not obligated to create a job to your specifications to meet your personal needs.
Either do what you were hired and agreed to do in the first place or look for another position.
2007-01-05 02:56:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋