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Roger
Roger, Lawyer
Category: Employment Law
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger - I have been at my company years and in

Customer Question

Hi Roger -
I have been at my company for 18 years and in my current role as AVP, Associate Global Relationship Manager, for 4 years. Two years ago, we got a new Head of Retail Sales who I have never connected with on a personal level, but I have never had any real problems with. I don't report to him directly, I report to a Senior Global Relationship Manager. I am his only direct report, and we cover two large firms together, and I cover several small firms alone. My manager has received the GRM of the year award two of the last three years, which I thought reflected our work together. I have never received a negative performance report or asked to work on anything to improve my performance.
On Friday, I was called to HR by the head of retail sales. He said he was restructuring the team. Two other members of my team were terminated, and I was asked to take another job within the group but with a lesser title and 25% less pay. He said this was based on an internal survey they conducted and I was one of the "weakest" on the team. There were 8 people on the team (Seniors and Associates). I was completely blindsided. I asked if he asked the clients that I cover for their input, and he had not. He told me to take the weekend to think about it, and I could give them my answer on Monday. If I'm not happy, the HR rep said we could talk about a package. He also did not tell my Manager that this was happening, and he is taking it very hard because he thinks that he didn't do enough to give me credit for the good work that I do.
My questions are: Is this lawful? I do have an employment contract. Also, should I have been given an opportunity to improve my internal profile?
This just seems unfair to me in so many ways. I feel like I am better than others on my team, but I recognize that I do not play politics as well. I also would like to add that I have exceeded my sales goals every year and have no letters in my file.
I have been considering asking to stay in my current role until 10/31 (fiscal year end) with the same title and pay because I have a lot of things in the works and because with two people gone they could use my help. I want to search for a new job having the better title.
Do you think I have any legal recourse or at least something I can argue to HR tomorrow?
Thank you so much!
My question is
Submitted: 1 year ago.
Category: Employment Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Whether you have recourse depends on what your employment contract says.......mainly whether you're guaranteed employment for a specific period of time. If not, or if your contract says you are an at will employee, then you're not guaranteed anything in terms of employment. Instead, your employer has the right to terminate you for any reason or for no reason at all SO LONG AS it is not discriminatory based on race, sex, age, disability or religion. If you believe that you are being discriminated against OR if you believe that your employment contract has been breached, you could have a claim. But, if neither of these is the case, it is very unlikely that you have much of a claim against the employer.
Expert:  Roger replied 1 year ago.
Thus, take a look at your employment contract and try and determine if there is anything that you can claim the employer is in breach of.