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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I am applying for other positions outside of my current

Customer Question

I am applying for other positions outside of my current employment. The other potential employer President knows my General Manager and wants to talk to him directly before presenting an offer. My GM knows I am looking and has offered a remote position based in LA saying that I deserve it. My direct Supervisor does not particularly like me and is now saying it will be difficult for me to be remote because it isn't fair to the other employees. Question 1- if the other potential employer asks my current GM about me and he doesn't give me a favorable recommendation, do I have a case? Question 2- If I have already been offered a remote position by the GM can my Direct Supervisor stop the process legally? I was told upon being hired that I could not be remote and then a year later, another Remote Manager was hired. I am an At-Will employee, but there are some retaliatory issues going on with my current supervisor. Thoughts?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Hawaii
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: There is a suspicion of favoritism and retaliation from my current Supervisor in what concessions on contracts she approves and for whom. There are 2 HR complaints against her
Submitted: 3 months ago.
Category: Employment Law
Expert:  Samuel II replied 3 months ago.

Hello

This is Samuel

1 - If he lies about you, yes. And that is why most times a current employer only answers what is asked as to how long you've worked there, if you are ever late, etc. As long as they stick to the facts and don't lie, then you have no case.

2 - Legally yes. It all depends on the policy of the employer. And as long as the policy is not discriminatory then it is legal.

3 - If this is based on your race, religion, age, gender, a disability, sexual orientation, then it is discrimination. But if not, then as long as they are folloing such policy across the board with all employees when evaluating and making decisions it is legal.

Expert:  Samuel II replied 3 months ago.

Employers must follow hiring, firing, promotion, relocation policies equally across the board to all employees. They cannot cherry pick which decision making policies will apply to some and not others.

Expert:  Samuel II replied 3 months ago.

And so if your employer gives responsibility to the supervisor and they can have input on a relocation, then it would be within the company policy.

If you feel your supervisor has a beef with you that is discriminatory based, then it could be an EEOC matter.

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