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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15549
Experience:  Employment/Labor Law Litigation
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on sat june 29th 2013 my manager told another person to tell

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on sat june 29th 2013 my manager told another person to tell me what i need to do when i got to work. There was a miscomunacation between manager and other person so by the time it got to me it was wrong. i contacted district manager of wich told me what was really supossed to be being done. I let him and her know that i would do my best to get done with what they asked me to do but i was going to work as i was schedule the next day ( meaning i wasnt going to come in early). I worked sunday as i was scheduled, seen the manager and no problems occurred between her and i, we spoke as normal. I started my 7 day vacation on monday and found out from an employee who i work with that my manager is trying to get me transferred out to a different location while im on vacation. She, the manager, has all the other employees scared to come foward, as the may lose their jobs as well. What do i need to do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

Do you have an employment contract stating that you can't be transferred without your consent or without cause?

 

Do you suspect that you are being singled out based on your race, religion, gender, age, disability or FMLA use?

Customer: replied 1 year ago.

no contract. Just a company policy stateing that a transfer must be aproved by district manager and regional manager. The regional manager at the time i called yesterday, didnt know anything about whats going on. I only feel singled out due to the fact that i stood up to her.

Expert:  Allen M., Esq. replied 1 year ago.

Ok. Here is the problem. Without a contract of employment stating that you can only be transferred with your consent or based on cause, you are an "at will" employee and can be legally transferred at any time.

 

Now, the fact that your employer has a policy requiring district and regional manager approval simply means that the employer has an internal system for making these decisions. If the employer chooses to relax that, they can. That being said, if the district manager doesn't known about the situation, no decision will be made until that manager does know.

 

Wanting to transfer you for standing up to her, while a very petty reason for doing so, isn't actually illegal unless you stood up to her due to her engaging in discrimination due to your race, religion, gender, age, disability or FMLA use.

 

Regrettably, the facts that you've outlined here suggest that this is an issue of office politics rather than an issue that can be dealt with by any court or federal agency.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15549
Experience: Employment/Labor Law Litigation
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