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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16420
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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To wallstreetfighter: You answered several questions for

Customer Question

To wallstreetfighter:

You answered several questions for me a few years ago so I figured I'd pick your brain again if possible.

I have been employed with a company since March 2012. In June of this year my district manager offered me a promotion to another store. I told her I was unsure but I would give it 6 months because honestly I did not want to go back into management. Well I got over to the store and needless to say it was a mess and now I'm busy trying to put it right basically to haul her butt outta the fire because it could have been stopped had she been doing her job. My problem is this that due to health problems it is too much on my body to work full time plus the 3 hours I spend on the road driving to and from work. I told her 5 weeks ago that I needed to step down and even offered to get her a doctor's note. She said that she would post an ad and look my replacement. Problem is she does not like to demote and wants to keep me at that store against my will. She was recently overheard on the phone on a 3 way call with 2 people from the corporate office (which is in Wisconsin) and one of them was the hr guy, Brian, and the other was her boss, Alan, and she was heard telling them that I wasn't mentally or physically up for the job but yet she wanted to place me as management in another store just as far away in the opposite direction and wanted to know if she could force me to take the position. I had already declined that store. At the time there was a part time opening back at the store where I originally came from. When I found out about the opening I emailed her and needless to say she refused me saying "unfortunately at this time the time frame isn't right." I know while I've been on medical leave she's been pushing to fill the position and I heard from my old boss that she forced her to hire someone. My old boss wanted me back as well as me wanting to go back there. The person that applied for job actually wanted the store I'm at now but Cheryl, my district manager, refused her and stuck her in the part time position. I know Michigan is an at-will employment state but I know she is up to no good. I am not the first person she's tried sneaky underhanded tactics with. She and Alan, who has disliked me from the get-go and has made harassing comments, are very sneaky and doing things that boarder on what I'm wondering is possibly illegal. I don't think the corporate office is actually aware of the stunts these 2 are pulling. Now I do have people that are willing to come forward should something happen. My thing is this...do I have any legal ground with her whatsoever? Over the stunts she's pulling?

Thanks for your help in advance.

Tanya
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year 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 unfortunate,

wallstreetfighter :

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.

wallstreetfighter :

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.

wallstreetfighter :

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,

wallstreetfighter :

and if they fail to provide you the previous opportunity you will seek all legal options.

Customer: replied 1 year ago.

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.


 


Thanks,


 


Tanya

Expert:  wallstreetfighter replied 1 year ago.
In terms of legal standing it is limited to a possible discrimination complaint or breach of contract.

As of now, you can only send letter detailing your concerns and frustrations and see if they will make changes.
Customer: replied 1 year ago.

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?


 


Thanks,


 


Tanya

Expert:  wallstreetfighter replied 1 year ago.
you can just follow up on this question. Good luck
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16420
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 5 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello,


 


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.


 


Tanya


 


P.S.


 


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.


 


 

Customer: replied 1 year ago.

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.

Expert:  wallstreetfighter replied 1 year ago.
Do you have a medical condition or a disability that requires part time, if you do, it may be possible to ask for part time status using the medical conditions as your basis, however, under the law an employer does not have to provide part time status to any employee.
Customer: replied 1 year ago.

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.

Expert:  wallstreetfighter replied 1 year ago.
at this point you may need a doctors not and a letter stating that due to your medical condition part time work is what you can consider. You can also mention that you could work full time, however will need reasonable accommodations as per the American with Disabilities Act.

Under the ADA, an employer has to accommodate an employee with a disability, and if your condition is a recognized disability the employer under the law is obligated to make accommodations for your disability so you can work.

In terms of legal protection the ADA would be your only legal protection at this time.
Customer: replied 1 year ago.

Hello,


 


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.


 


Tanya

Expert:  wallstreetfighter replied 1 year ago.
Thank you for your response, in terms of legal action, I would consider an ADA complaint at this point, it seems they are not taking you seriously and if you file the ADA complaint through the EEOC, they may try to work out a settlement for you.

Also, if you have not quit, or resigned, you should be able to apply for unemployment benefits
Customer: replied 1 year ago.

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?


 


Tanya

Expert:  wallstreetfighter replied 1 year ago.
You can file the ADA and Age complaint by yourself, and follow the instructions below.

In terms of unemployment you would have to argue you did not quit, and were forced into the situation, they will allow you to appeal any denial and at the appeal argue your case with evidence.

The below is from the following website.

http://www.workplacefairness.org/file_MI?agree=yes

A discrimination claim can be filed with either with the state administrative agency, the Michigan Department of Civil Rights (MDCR) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.
The Michigan anti-discrimination law covers employers of any size. Therefore, if your workplace has between 1 and 14 employees, you may wish to file with the MDCR, as the EEOC enforces federal law which covers only employers with 15 or more employees. Filing with the MDCR is not required to pursue a discrimination claim directly in court, but if you do not have an attorney, you may wish to see whether the MDCR can assist you in resolving your claim without filing in court. MDCR complaints must be filed within 180 days of the date you believe you were discriminated against.
To file a claim with the MDCR, contact the nearest office below. More information about filing a claim with MDCR can be found at http://www.michigan.gov/mdcr.
Battle Creek Office
190 E. Michigan Ave.
Suite B67
Battle Creek, MI 49014
Phone: (616) 964-7193
Fax: (616) 968-1524

Benton Harbor Office
Vincent Place, Suite 602
185 E. Main St.
Benton Harbor, MI 49022
Phone: (616) 925-7044
Fax: (616) 934-2133

Detroit Service Center
State of Michigan Plaza Bldg., 6th Flr.
1200 Sixth Ave.
Detroit, MI 48226
Phone: (313) 256-2663
Fax: (313) 256-2167
WATS: (800) 482-3604
TDD: (313) 961-1552

Flint Office
Flint State Office Building, 7th Floor
125 East Union
Flint, MI 48502
Phone: (810) 760-2805
Fax: (810) 760-7363

Grand Rapids Office
State Office Building, 4th Floor
350 Ottawa, N.W.
Grand Rapids, MI 49503
Phone: (616) 356-0380
Fax: (616) 356-0399 Kalamazoo Office
535 South Burdick St., Suite 230
Kalamazoo, MI 49007
Phone: (616) 337-3640
Fax: (616) 337-3636

Lansing Office
Manpower Building, Suite 101
741 N. Cedar Street
Lansing, MI 48906
Phone: (517) 334-9335
Fax: (517) 334-9350

Marquette Office
2833 U.S. 41 West
Marquette, MI 49855
Phone: (906) 226-9945
Fax: (906) 226-9945

Saginaw Office
State Office Building
411 East Genesee Street
Saginaw, MI 48607
Phone: (989) 758-1686
Fax: (989) 758-1564

Traverse City Office
State Office Building
701 S. Elmwood, Suite 10 - Room 410
Traverse City, MI 49685
Phone: (231) 922-5211
Fax: (231) 922-5212
To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.
EEOC's Detroit District Office
477 Michigan Avenue
Room 865
Detroit, MI 48226-9704
Phone: 313-226-7636
TTY: 313-226-7599
Customer: replied 1 year ago.

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?

Expert:  wallstreetfighter replied 1 year ago.
it would be the employer itself, so if they have several employees in several stores that would matter for the employee amount.
Customer: replied 1 year ago.

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?

Expert:  wallstreetfighter replied 1 year ago.
I would start with the EEOC, and advise them the employer has several employees in the state.

Good luck, and please follow up anytime.

If you are satisfied with our service please provide us with positive feedback, thank you
Customer: replied 7 months ago.

Hello,


 


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.


 


Thanks,


 


Tanya

Expert:  wallstreetfighter replied 7 months ago.
If she is no longer an employee, you could try to bring a private defamation lawsuit against her, however, any discrimination case is not possible as it is the employer who only can be liable, if the employer knew of her actions and failed to act, that makes them liable.

Customer: replied 7 months ago.

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.

Expert:  wallstreetfighter replied 7 months ago.
A defamation suit requires you to prove the individuals made intentionally false statements about you, to others, and you suffered damage either financially or to your reputation.

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