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This is unfortunate,
you should send a letter directly to HR stating the issues you have faced with the promotion and that you want to return to the previous employer.
If you feel they are trying to make you quit, and it may be due to your age, race, or disability send them a letter stating you will be filing a discrimination case against them as well.
I would not quit as you can be denied unemployment benefits, however you should have in writing letters stating you only accepted the promotion on a trial basis, and cannot do the job,
and if they fail to provide you the previous opportunity you will seek all legal options.
Hello,The trial basis was a verbal agreement but the denial and me telling her I needed to step down and I would provide a doctor's note if I had to I do have in black and white print. I did talk to Brian in HR about it and he honestly seemed kinda taken aback by it...like it was totally out of left field. I even explained about the opening and her refusing me and he basically said nothing on the issue like he was processing it. Cheryl & Alan both have their 'pets' so to speak. If they like you you'll do fine and if not they will find away to make it as hard on you as possible. I do not plan on quitting for the reasons you stated but I just wanted to know if I had a legal leg to stand on.
Right now I'm on medical leave due to having surgery. I return to work on October 24th, 2013. I know while I'm on leave for 2 weeks she's doing all she can to box me in. She is that type and very vindictive. I do appreciate your help. After I go back if any more questions arise pertaining to this issue will you still be able to help me with it or do I have to resubmit again?
It's me again. I have been back to work nearly a month now from medical leave and she is making no move to try to find someone to fill my position for this store so I can go back to the other store. While I was gone on medical leave she received at least 10 to 15 resumes from people dropping them off at my store but hasn't contacted any of them. The reason I know this is because several of them have contacted me about the position wanting to know if I've changed my mind. She interviewed the girl (Denise) who took over my position at the other store 2 weeks ago now and nothing. Lori, my old boss, was supposed to train Denise to take over my position at the current store and I was supposed to go back to the old store and part time. Nothing is happening. She is doing nothing. I don't think I should have to keep reminding her that I'm supposed to go back down to part time. I've told her several times already.
Recently I emailed her with a problem and I thanked her for her help. Her reply was "As do I. You've been a great help." I think she thinks if she drags her feet I'll just quit. I've talked to Lori a few times and she said that other people (workers) are willing to come forward and testify about the sneaky underhanded things she and Alan do. In fact one of them actually has a picture of Alan who is a regional district manager drinking on the job. We can't even go to Alan with our problems because he will just back Cheryl. It has happened before. Lori and Tammy both felt that their jobs were threatened by comments Cheryl made and when they went to Alan with them he totally denied that that was what happened and backed Cheryl. While I was working with Lori I seen several instances of her playing favorites or being discriminatory if you like. Lori had about 5 plants in the store and they weren't overpowering. The customers loved them. Well Cheryl sent an email specifically to Lori and told her she needed to get rid of all but 2 (the least dead) as she put it. The plants weren't dead or even close. There are other stores that have plants and that had/have just as many as Lori did and they didn't get an email. She does single people out.
My thing is this...what should I do? Should I remind her yet again...like about the 10th time now seriously, that I need to go back to part time? She's knowing I needed to go down to part time since the end of September and has made no move really towards filling my position. Should I find a local lawyer here and press the issue legally? Do I honestly have a case? I'm just frustrated with the whole thing.
Thanks in advance for your help again.
Denise said if she didn't hear something soon on getting my job she was going to quit. I mean it's been 2 weeks since she was interviewed for the position and Cheryl can't deny from lack of experience. The woman has management experience. Denise is the only person Cheryl has interviewed for my position and that was because Denise pushed for it.
I also forgot to add that because of the stress and everything my hair is falling out and my blood pressure is up. Also Lori did contact Cheryl about me coming back to the store after I got back from medical leave and yes again I told Cheryl I needed to go back to part time again and Cheryl bold face lied to Lori. She told Lori that nothing was ever said about that and that I told Cheryl that I wanted to stay on full time. That's not true...I never said any such thing. I've repeatedly told her I need to go down to part time. Also me going back to the store...that was a verbal agreement however she told both Lori and I that Lori would train my replacement and then I would go back to my old store with Lori. Denise was supposed to be my replacement however in my other email like I stated I don't think Cheryl really intended to do anything.
Yes I do. I have a heart condition but told her about it when I was hired on, but beginning of this year I've had other health problems happen. Getting a doctor's note is not a problem.
It's me again. I do hope you had a very Merry Christmas. I wanted to update you on what has happened. I am not out of a job basically due to a force out. Cheryl filled all the openings first...even the available part time one in Cheboygan before she filled my position it was the last one she filled and she only filled that the week of Thanksgiving. I found out that only Denise and Julie (the person that took over my position) were ever interviewed and contacted for the job despite me notifying her that I needed to go down to part time around September 20th, 2013. She waited over 2 months to fill my position and had me train the new person (Julie) and my last day was December 20th, 2013. I had no where to go. No position was open because she filled them all on purpose so to me it was basically a force out. The store I worked in was in the top 3 for the busiest in the state. Correct me if I'm wrong but shouldn't that make it a priority? Not a store who is usually near to last on the totem pole?
As I told you before she was over heard previously talking to Alan (the regional manager at corp) and to Brian (HR) and about forcing me to take another store. I'm thinking she had another conversation with Alan and this is what they came up with. Basically a force out. You fill all the positions there is no where for me to go but to quit because she filled my job.
Do I have a legal leg to stand on at all? As I said before I do have witnesses who are willing to testify to her behavior and sometimes illegal acts. As of right now I am trying to find a part time job but no such luck so far. I'm not sure I qualify for unemployment because of what happened.
Thanks for your help and I appreciate any and all advice.
How do I go about an ADA complaint? Do I need to find a lawyer in my area? Do I myself contact them or EEOC? As for unemployment I'm pretty sure she put me down as resigning. That's just how she is. Can I explain that to the unemployment people...my situation? Do you think they will still consider it quitting?
You stated that the MDCR covers a workplace between 1 and 14 and the the EEOC is more than 15. My question is this...pertaining to work place...is that the company itself or the actual store I worked in? The store I worked in only had 2 employees...however the company themselves they have 15 stores in Michigan alone all with at least 2 employees so would that put it over the 15? Would the company count as the work place or would it just be the store I worked in?
Well I know they have more than 15 if it's the employer. They have at least 30 employees in the state of Michigan. So do you think I should go with the EEOC?
I know it's been awhile. I am in the process of the EEOC verifying that I have a case however the district manager is no longer with the company. Is there any way to go after her still? I really do want her held accountable since she is the one that did it and is the one that discriminated against me. Like previously stated I know the regional manager, Alan, was totally aware of her behavior and backed her. He is still employed with the company but she isn't with them anymore. But I was curious if I could pursue a suit against her since she isn't with them anymore.
Well I know HR was aware of her behavior because 2 previous employees told him what happened with them and yes it is known that Alan the regional manager was also aware of Cheryl's illegal behavior and totally backed her. I just wanted to know if it was possible to hold her accountable as well because she did take it upon herself to act like that even though the regional manager knew as far as I've been able to find out no one but the regional manager and HR was aware of her behavior.
What does a defamation suit entail because I know other people had their jobs threatened by her as well as other things happen. She did make it a hostile work environment as well as harassed and demeaned other employees.
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