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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11043
Experience:  Significant experience in all areas of employment law.
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I have a question regarding the legality of several actions

Customer Question

I have a question regarding the legality of several actions that have been taken at my place of work. I've worked for Dick's Sporting Goods for more than ten years and in that time I've held numerous positions. In August of 2014, while working as an administrative assistant, I was approached by my district manager about a pilot position the company was testing in several districts. I had a strong repoir with Regional Manager and he recommended me for the position. The position sounded like a great opportunity, so I accepted it.
Almost immediately, a variety of issues popped-up that bothered me. The other employees that were piloting the position received a company e-mail, phone, and lab top. None of these tools were given to me and when I inquired why, I was told I was not coded for the position I was doing. When I asked why, I was told, "we are working on it". In the mean time, I was left to use my personal effects to do my job.
I functioned in the position this way until the spring of 2014 when my district manager told me I couldn't use my personal e-mail to communicate with stores in our district. I again asked about my job being recoded to the correct position and was given the same answer. Eventually, my district manager approached me again and told me I couldn't call myself the district merchandiser even though that's the job I was performing.
In July, my district manager was dismissed from his position. I received a phone call from one of the store managers in our district, at which point he told me my position had been eliminated and I was to report to a store-level position effective immediately. I've worked for Dick's for a long time and I've seen various positions come and go. Usually when a position is eliminated the employee is offered a severance package or another job that's agreeable to the employee.
I reported to the store position as requested and I tried to make the best of a bad situation. The way the situation was handled has always bothered me. I received my annual appraisal two weeks ago and there was hardly any mention of the job that I performed for 7 months of the year. I was rated a target when I was I performing duties well outside of the job I was coded for. I asked for my evaluation to be re-done. It's been two weeks and I have heard nothing.
Is this situation worth pursuing from a legal standpoint? I feel like many lines were crossed and little has been done by the company to remedy the situation.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. This is all understandably quite frustrating. In general, however, employers have enormous control over how they run their business. The law does not require them to be fair or treat all employees the same. The law does not govern promotions, demotions, rules for the job, or evaluations. So, what you are describing is unfortunately just an internal personnel matter which the law does not govern. Your recourse for being treated unfairly is to raise your concerns with HR, but beyond this you would not typically have any recourse through the court system. I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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