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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am a salary + bonuses Sales manager in Louisiana. Been with

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I am a salary + bonuses Sales manager in Louisiana. Been with the company for 13 years, first as lead sales team member for 10 years, and as sales manager for the past 3 years. After a record 1st year as sales manager, we have struggled in 2012 and 2013 to hit our numbers. The GM is ver involved with my sales staff and causes low moral and many good sales people to have left. He has had previous suits against him, as well as complaints to corporate. I am not allowed to have authority with the sales team, but am written up for the numbers as well as erroneous and/ speculative issues. I am not allowed to run my dept. in the way i feel it needs to be successful I am now under review and believe the GM is creating a paper trail to cover himself with his boss. I have voiced my complaints to HR and they are currently investigating. If I am fired upon my next review, do I have any recourse?
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. In your very honest estimation, what do you place this behavior against you on, just the fat that you are a potential scapegoat or because of other reasons?
Customer: replied 2 years ago.
Potential scape goat and retaliation for not being submissive and voicing my concerns about not having control of the dept. I am responsible for.

Thank you for your follow-up, Ryan.


Here is the issue in a nutshell--in terms of having recourse, it has to be based in some way on factors that are prohibited under state or federal law. It is not, for example, illegal to terminate someone who disagrees with you, but it can violate the law if the reason for termination was due to age, gender, race, religion, national origin, creed, or disability if any. If you can somehow tie in any of those factors to an adverse action from work, then you would have a potential cause of action. But if you cannot, it is far harder to claim the termination would be wrongful since an employer can generally terminate without cause.


Hope that clarifies.

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