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Len, Lawyer
Category: Employment Law
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Experience:  15 years experience in employment and criminal Law.
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Employment Law- Facts of matter - Assistant retail store manager

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Employment Law- Facts of matter - Assistant retail store manager was dismissed from work by Store Manager. The assistant manager was scheduled for Vacation. The District Manager was contacted and made several attempts the following day- the first day of his official vacation- to contact the assistant manager via his personnel Cell phone and made no such attempt to contact primary home phone number.

The final determination based solely on the report from the Store Manager's account was that the Assistant Manager resigned from his post.
Submitted: 5 years ago.
Category: Employment Law
Expert:  Len replied 5 years ago.

PTA,

 

Can I get a little more information?

 

1. Is the botXXXXX XXXXXne question what are the rights or appropriate steps that the assistant can take?

 

2. I'm assuming that the assistant refutes the store manager's position that they quit while out on vacation. Is that correct?

 

3. What issues or problems were going on between the store manager and assistant, if any are known?

 

 

Len

 

 

Customer: replied 5 years ago.
Thank You Len
!- Yes the botXXXXX XXXXXne is the rights and steps the Assistant may take
2- Yes the assistant refutes the District managers' position that the assistant manager resigned upon leaving the store despite dismissal from the store manager.
3- The incident that arose was from a verbal obscenity directed at the assistant from the store manager. At which the assistant manager asked if the Store manager "wanted him to leave" and which he responded in the affirmative with a "Yes". No other incidents are recorded
Expert:  Len replied 5 years ago.

Thanks for the additional information.

 

The first avenue to pursue is the procedure set forth in the personnel manual. This will keep human resources happy so that the whole situation can be evaluated.

 

Now, human resources is one thing, but as a practical matter, District and Regional managers get what they want. The very best results will come from them. This is where good working relationships really pay off. All communications should be positive toward resolution, not adversarial. The latter just won't work. Once the District or Regional management is satisfied that the incident was simply miscommunication in a heated moment, progess toward resolution will happen, not until then.

 

There are three realistic results here. One: the assistant just goes somewhere else and tries to collect unemployment. For benefits, the issue will be whether the assistant was terminated "for good cause". However, I would recommend to the assistant that this filing be done only after all hope is lost for reinstatement.

 

A second approach would be to make contact with the district manager to see if you should just report to work anyway following the end of vacation. Maybe, by then, tempers may have calmed. The assistant may ask for an informal meeting between the parties as an effort to resolve the matter.

 

Should the manager appear to have the backing of the District mgr, it may be better to seek a transfer to another location, if possible.

 

If the goal is to remain in the position, the assistant mgr has to work within the company system, (keeping in mind that the upper mgt and not human resources will really make the decisions). Bringing an attorney with you, (or mentioning legal assistance), will only put mgt's back against the wall. They would perceive that the relationship is in fact terminated.

 

In sum, without a written contract or labor agreement in place, your rights are contained in the company's rules and procedures. Even with a union present, it is likely that the assistant would be excluded from help due to the position in "management". So, the assistant's legal position would be "employment at will". This simply means that the employment extends and lasts at the "will" of both the assistant and the company. Either party can terminate the relationship "at will". It is possible that the assistant could win an unemployment claim, but this should be pursued only as a last resort.

 

I always recommend that anyone asking for information here consult with a local attorney. There is simply no substitute for that.

 

These situations are usually salvageable, but it will take calm, patience and a willingness to cooperate.

 

Take Care,

 

Len

 

 

Please press accept and leave some feedback when you get a chance.

 

 

Len, Lawyer
Category: Employment Law
Satisfied Customers: 444
Experience: 15 years experience in employment and criminal Law.
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Len
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