While I was on paid vacation my supervisor hired a new person to replace me, and then asked me to take another position. Can he legalley do this?
Optional Information: State/Country relating to Question: Kentucky Already Tried: I tried to ask for an explanation, I got a unaceptable answer to me, and as far as the other position, I refused that offer and was told there was nothing else and I resigned.
If you have a written employment agreement then the employer must abide by those terms with regard to your position, salary and responsiblities.Otherwise, you are, in all likelihood, an at-will employee. As such, your employer may change or terminate your position for any reason, so long as it does not violate your Civil Rights (Racial Discrimination is an example of something which would violate your civil rights).If you believe the reason you were given formthe change was a pretext for an illeal reason, you can file a complaint with the EEOC at www.eeoc.gov.
I am retired and draw social security, and my employer has let me work only 3 days a week so I don't go over my allowed income. When this person was hired to replace me I was told it was because they needed some body to work more days, I offered to do that. The answer was no. Now the new guy is working the same exact schedule I was working. I feel I was discriminated against because of me being retired.
You may be able to make a case for age discrimination if the replacement employee is under 40. If that is the case, contact the EEOC.
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