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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15822
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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The job I applied for several months ago in a small non-profit

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The job I applied for several months ago in a small non-profit was listed as a senior executive position titled as Chief of Staff. When I first read the description I was taken back by the amount of work involved but discovered that the position would supervise an admin assistant. With an admins assistant the entire job seemed very doable. I interviewed and got the job. After I started it was revealed that there were plans to hire an admin assistant in the future but not at that time. I essentially am doing the job of two people and most often wasted my days completing time-consuming administration task. When I asked why I was "scheduling" meeting appointments for the leadership it was passed off as "training" so I understand how the organization was ran. I was essentially asked to perform senior executive work and make sure toilet paper was stocked and coffee was served to organizational partners who came for high-level meetings, which I was not a part of. While this job pays more money then my last I went from running a department with my own admin assistant and 10 full time employees to being a admin assistant, IT admin, HR admin and coffee maker for a small nonprofit. I am often ridiculed and mocked for not being able to handle both jobs. I don’t know what to do. I will start to look for new work but feel as though I have been deceived to and about the position. It really feels the rational was that they needed an executive assistant with IT, HR and marketing skills, and operational planning skills. These seem to be skills the leadership lacks. I find that they do not want the person involved in decision making or planning just delivering without any kind of training. If that was how the job was represented in the job description I would never have applied. I see no rom for professional development just doing a highly skilled level of work an executive assistant would do. Which is fine but that’s not what I applied for. I have a research background and nationally recognized expertise in the field this nonprofit operates in but I spend more time connecting with the admin assistants of other organizations then peers within the field. Do I have any grounds to make an a complaint or sue for misrepresentation.
Submitted: 11 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 11 months ago.

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

in terms of a lawsuit that will be difficult, unless you signed a contract that they have clearly violated,

wallstreetfighter :

if they did, you may be able to sue them under the terms,

wallstreetfighter :

Also, if you left other employment opportunities based upon there promises,

wallstreetfighter :

promises

wallstreetfighter :

you could try a detrimental reliance lawsuit, which is where you claim that you suffered financial loss due your reliance, on there

wallstreetfighter :

You would argue that due to there promises, you lost better job opportunites,

wallstreetfighter :

You may have a strong detrimental reliance lawsuit if you can prove that you would not have left your other

wallstreetfighter :

position for this one if you knew the duties, and the false promises made

Customer:

at the time I applied for the job I was employed with an employer of 5 years, by the time interviewed I was unemployed in an at-will position. While I cannot prove it I think it was because I was looking for new work. But I stop looking based upon the promises made. The job I do on a daily basis is nothing like the job description and am basically a overpriced secretary and i learned after I started that the previous two people in the job did not last long as well. I am not advancing my career in this job, even thought the pay is good I am not using any of my expertise and loosing my footprint in the field.

wallstreetfighter :

hello

wallstreetfighter :

What you should consider is having an attorney review the job ad posted,

wallstreetfighter :

and send a letter to the employer threatening a detrimental reliance lawsuit,

wallstreetfighter :

it may be possible they try to settle with you,

wallstreetfighter :

at this point, any other options would not be in your best interest,

wallstreetfighter :

it may be possible to quit, and apply for unemployment benefits,

wallstreetfighter :

however since you left your previous job, for this one, that may hurt your chances as the look back 5 quarters,

Customer:

I also did sign a acceptance letter. with the following verbiage:By accepting this offer, you will join the XXXX team and will assume the responsibilities of Chief of Staff as outlined in the attached position description. Among your primary responsibilities will be coordination with executives to provide oversight of the programmatic portfolio including alignment of staffing, funding, and development, strengthening organizational capacity, and serving as liaison for the Board of Directors and Honorary Board members.

wallstreetfighter :

That would help you in a lawsuit and in your letter to the employer a copy should be sent,

wallstreetfighter :

Any lawsuit due the their fraud will be difficult, however a threat of legal action,

wallstreetfighter :

would be your best option,

Customer:

The "attached" position description clearly states the supervision of a administrative assistant to carry out the work. Not a personal assistant but an administrative assistant who will carry out the administrative duties of the Chief of staff and Leadership (One President and One Vice President). With an Admin Assistant I am expected to do both jobs. The amount of work is impossible for one person to do and I am admonished for not completing certain task.

wallstreetfighter :

Right,

wallstreetfighter :

so you could have a good case for detrimental reliance, if you can prove that your reliance on them cost you better opportunities.

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, thank you

Customer:

OK I see, and yes in my opinion my reliance upon them was at the cost of searching for for a job with an honest job description and opportunities to expand my self and my reputation in the field. I would rather make slightly less money and be happy using my skills then in a job where I am asked to perform work that does not involve my skill set. Admin Assistants do valuable work and are an asset to any team but that's not the job applied for,

Customer:

Thank you for you answers.

wallstreetfighter :

Yes, the salary issue is not important as the loss of experience, causes you damages as well.

wallstreetfighter :

Good luck,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15822
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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