Simple scenario, manager in role, manager told verbally new role starts Monday, when manager asks what choice, told none, take it or we will make you take it!
Manager takes role, old position filled in by team leader and information was that this would remain until new year, then 4 weeks later, new manager appointed, case?
2007-10-31 11:33:32 · 7 answers · asked by ? 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Ok more details.
Manager 1 is doing role 1, 3 years in job, performance assumed ok as no previous hr issues or warnings. Manager 2 working in same department as M1 but with different responsibilities to M1. M1 called in Thursday, presented with a new job profile and asked "would you like the job", starts Monday. M1 asks "not sure" what if I want to stay here? M1 told move or be moved, and that their role would not be filled for sometime pending a review of staff. M1 takes new role (under duress??), role is flaky, no real substance. Some weeks later M2 announced as M1 replacement. On the surface it seems like they wanted M1 out of the role, fine, but is there a case here?
2007-10-31 11:45:44 · update #1
So sorry to advise you, but absolutely no case. Your company simply restructured management roles. They have every legal right to do that as long as they are not breaking any state or Federal laws (i.e., lets move woman to this role which is easier and put a man who can do better OR this person prays too much due to his/her religious convictions so lets move that person and demote them as well and put someone with less experience but not praying all the time in this role. Would have to fall under Title VII, ADA, etc....)
Sucks what they did to you, but again no case.
2007-10-31 11:57:06 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Were you fired for not doing the new job? For not meeting all the requirements? What was the reason for your discharge?
By moving you to a new role is not enough to be able to prove constructive discharge.
You can file a charge/complaint with your local EEOC office. They may be able to give you some guidance with more specific details and information than what you are giving us here.
2007-10-31 19:44:30 · answer #2 · answered by hr4me 7 · 0⤊ 1⤋
I would say you have a case, but if you haven't left, then your not technically constructively dismissed, change of position is not dismissal, only leaving the company is dismissal, if your cute, you should have lined another job up, left, and then sued for constructive dismissal, it would also help if you were a member of a union.
2007-10-31 18:43:37 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Me understand? no!!
More details? Yes.
2007-10-31 18:40:02 · answer #4 · answered by ? 7 · 1⤊ 0⤋
Too vague.
2007-10-31 18:39:55 · answer #5 · answered by Brian G 6 · 1⤊ 0⤋
There is a lot more to this
2007-10-31 18:48:25 · answer #6 · answered by Scouse 7 · 1⤊ 0⤋
we dont quite understand what you saying - please simplify
2007-10-31 18:42:20 · answer #7 · answered by kitten 2 · 1⤊ 0⤋