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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31597
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was recruited and moved to the West Coast from NYC to take

Resolved Question:

I was recruited and moved to the West Coast from NYC to take a job for which I was given a letter of agreement which gave some protections if there was a change in my employment status through no fault of mine, e.g. leadership change, etc. Leadership changed 6 months after I started but it appeared that my job was secure. I was given a review yesterday, my first in 18 months and I was told that my performance is suboptimal and that 1/2 of my staff would be redirected to other leaders. This was my first clue of performance concerns and the changed job is not one that I am interested in. I can refute the performance statements. I am 53 years old and at an executive level. Do I have any recourse?
Submitted: 7 years ago.
Category: Legal
Expert:  Roger replied 7 years ago.

You certainly have a right to challenge the evaluation and request a meeting with management.

 

If you can't resolve the issue internally, you should contact the Dept. of Labor and Industry (http://www.lni.wa.gov/) and file a formal complaint. It sounds like you have already contacted L&I.

Customer: replied 7 years ago.
Should I consult an attorney prior to meeting with management. My position has been drastically changed and I was given no warning of any deficiency and while there has been no discussion of reduction in pay, this still amounts to a demotion. The review was inaccurate and mean spirited and seemed intended to make me want to quit. I have a reputation at stake and at 53 and in a senior level position, it will not be easy for me to quickly find another job.
Expert:  Roger replied 7 years ago.

If you believe a meeting with management will go south in a hurry, it may be better to consult an attorney before the meeting and have him/her accompany you to the meeting.

 

If you believe that this matter is going to end with a complaint to L&I or civil court, it would be best to have an attorney involved from the beginning.

Customer: replied 7 years ago.
I guess the botXXXXX XXXXXne question is does a case of unfair reduction of responsibility and harm to my reputation, have any merit to L&I or civil court? If I can negotiate, would I be wise to get an attorney to help me obtain the best severance possible? If so, how do I find a reputable labor attorney in Seattle?
Expert:  Roger replied 7 years ago.

The company has a right to its opinion about your job performance, etc. However, if they base the opinion of false information that they know to be false, you could sue them for defamation of character, which is a civil matter more than an L&I issue.

 

It is advisable to have an attorney help you negotiate a severance. You can visit www.martindale.com and search for a labor attorney in your area. All of the attorneys listed here are best in their fields.



Edited by Adam Kirk on 2/4/2010 at 12:18 AM EST
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