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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Long question here....I currently work for a company in California.

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Long question here....I currently work for a company in California. I have been rated a top employee for 5 years(on a scale from 1-5 one being good and 5 being firing material ...1,2,1,1,1). For the last 5 months I was an interim vice president, the company hired a VP from the outside(I was ok with that)...my role prior to this managed 70 employees and 235 contractors, my interim role managed 110 employees and 300 contractors both had budgets in excess of 100M. My boss, and executive and I were working on a role for me when that person resigned, his boss, does not believe in the role so I am basically collecting a paycheck and doing nothing. I met with my current boss, a senior executive, who "doesnt want to loose" me but doesnt really have a role commensurate with the one I had prior to my acting vp role(you see, the new VP flattened the org and redid the structure). My question is, if they shoe horn me into a role lets say with very little impact(my previous role I ran all operations for IT at the company) such as special projects or something where they make me manage a bunch of misfits, I am concerned it will reflect poorly on my track record. I am looking for jobs inside the company but I think we we be at 2 junctures....package or diminished role. In the case of the package, I am fine with that but in the case of the latter, if they have me in a significantly diminished role which is below my qualification level, do I have cause for constructive dismissal. You see, in a role which is significantly diminished, I will have less impact, thus not getting rated high for performance thus impacting my bonus and earning potiential..not to mention I have to put it on my resume and try and get a job when it looks to an employer like I got demoted. Am I hosed.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.
Hello.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, it would be difficult to make out a case for constructive discharge if you are given a different diminished role that is below your qualification level.
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
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Joseph
Joseph
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