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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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I was demoted from store manager to an assistant manager in

Customer Question

I was demoted from store manager to an assistant manager in a different town.the explanation for demotion store conditions, which is disproven due to the fact that we have monthly secret shops based on our store conditins and we have scored nothing but 100% with the exception of a 95% which is except able under company policy. The second reason was for reporting required items to her. I was written up once for this which did state a final warning on the top, which I find unfair because it was my first write up for that particular incident. I received another write up for a bad audit, which was thrown out because the next audit was a bounce from the previous. The store I was demoted to was to a store who has 2 assistants, even though the sister store in the same town just lost one assistant due to being promoted. The assistant she has lost was a 1st shift worker who did all the morning expectations as required by policy The store she has transfered me has 2 assistants who cover 1st shifts and do all perform a) their duties as well. I feel she has purposely put me at a store that does not have a position open for my availability. Under the assistant you are required to be available to work ant shift, there are however times in my personal life that I canot accommodate especially when my husband is gone for 6 months out of the year and have no reliable babysitter in Mt area who watches children at 5. The sister store, after losing the assistant who was days was not an option brought up to me. I feel this decision was solely based to use the fact that my personal duties will effect my availability and will give a reason. To demote me again. I was a certified assistant manager within 6 months of starting as an associate, and promoted to traveling manager within a year. I received no support from my da after taking this store to run asanager. She would have phone calls from my assistant about me with neither of them coming to me and tellING me their concerns. The da was also called by my assirant complaining yet again who informed her she was abandoning her job and the da approved this. Neithwr called me to let me in on this information. This shows a lavk of team work and litte faith my da has in me without evem speaking to me about it. Basically showing that my assistant was on her side and had jo intentions to support her manager and store. She has shown no support for me but has instead encouraged nothing but negativity from my emoloyees. I should also add I've worked for this company for 6 years and have done everything I possibly can do make this company a success. Whether it was at my store or one of Mt sister stores. My question is what legal action can I take about this unfair demotion?
Submitted: 26 days ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 26 days ago.

Thank you for using JustAnswer.

I'm very sorry to hear about your situation. Do you think that you have been singled out due to your race, age, religion, gender or disability? If not, for what reason do you think that they're targeting you for demotion?

Customer: replied 25 days ago.
A general dislike of me. My supervisor gave me no support but was taking calls from my assistant complaining about ke without relaying the information to me.
Expert:  ScottyMacEsq replied 25 days ago.

I see. Apologies for the delay, but I was out of the office when you responded. I assume you still want an answer, correct?

Customer: replied 25 days ago.
please.
Expert:  ScottyMacEsq replied 25 days ago.

Thank you. The main problem is that Kansas is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

So if there's just a "general dislike" of you, there's nothing that could be done. You'd have to show illegal discrimination (race, age, religion, gender, disability) that would then be able to give you a chance at some recourse. Otherwise, it's up tot hte employer whether or not to give you this support (and any recourse if it does not).

I agree that the actions of the employer were unethical, immoral, and just wrong, but they're not illegal nor actionable in a court of law.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 25 days ago.

Did you have any other questions before you rate this answer?q

Expert:  ScottyMacEsq replied 24 days ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 24 days ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 23 days ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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