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TO: Labor lawyer:
Background: I have been working as a Technician for ABC Com. ( Fortune 500) for the last 5 years. During this time my yearly review always "exceeded expectations". Sometime, 2007, I was designated to lead as team leader for ABC's Client's X Project: hiring and managing 8 subcontactors , 3 other technicians like myself and doing client interaction. For an excellent job, I received a bonus of $5,000 at the end of the year. During this time I'm still getting paid as a technician even though I'm performing a managerial position and got promised of an adjustment of title and positon with possible salary increase as soon as I get the position.

Last year, 2007, management announced in a general meeting (about 20 people), that effective immediately I will be the "lead technician" and all technicians (7 person) will report to me. I also received an email from Mrs. Rock, my immediate supervisor, addressed to everybody, congratulating me for the position and reminding all technician to follow my lead.

Around February of this year during my review, Mrs. Rock told me that I will be the next "Remote Support Manager", one of the positions, Mrs. Rock currently holds (the other is Help Desk Manager). Since then, I followed up with Mrs. Rock, and Mr. Coast, when will my position as Manager take effect and be put in writing. According to Mr. Coast he has another task Client's Y Project exactly the same job as for Client X Project for me to do to before he finalized his decision. The Project was completed last August.

On Oct 13, there was a meeting of the Help Desk/ Remote Support Unit under Mrs. Rock. During that meeting, she announced that "I will be the next Remote Support Manager and is currently undergoing training. As soon as I vacate the position, a new technician will be hired."

On Oct 14, Mr. Coast called me at his office. I was surprised to see Mrs Rock was also in his office. Mr. Coast told me that: "I was not qualified to be the next " Remote Support Manager", since my qualifications did not match the position. Mrs. Rock added that: " I was not a team player'.

Since then I suffered:

1. Depression (could not sleep, even cosulted a doctor; diagnosis was stress, medication prescibed), and

2. Shame (It was hard for me to be with my fellow workers )
3. Feeling anxious and afraid of loosing my job.
Do I have a Legal recourse?

Submitted: 364 days and 23 hours ago.

Category: Employment Law

Value: $15

Status: AWAITING CUSTOMER ACTION

Covina, California

Already Tried:
Background: I have been working as a Technician for ABC Com. ( Fortune 500) for the last 5 years. During this time my yearly review always ”exceeded expectations”. Sometime, 2007, I was designated to lead as team leader for ABC’s Client’s X Project: hiring and managing 8 subcontactors , 3 other technicians like myself and doing client interaction. For an excellent job, I received a bonus of $5,000 at the end of the year.

Last year, 2007, management announced in a general meeting (about 20 people), that effective immediately I will be the “lead technician” and all technicians (7 person) will report to him. I also received an email from Mrs. Rock, my immediate supervisor, addressed to everybody, congratulating me for the position and reminding all technician to follow my lead.

Around February of this tear, Mrs. Rock told me that I will be the next “Remote Support Manager”, one of the positions, Mrs. Rock currently holds (the other is Help Desk Manager). Since then, I followed up with Mrs. Rock, and Mr. Coast, when will my position as Manager take effect. According to Mr. Coast he has another task Client’s Y Project for me to do to finalized his decision. The Project was completed last August.

On Oct 13, there was a meeting of the Help Desk/ Remote Support Unit under Mrs. Rock. During that meeting, she announced that “I will be the next Remote Support Manager and is currently undergoing training. As soon as I vacate the position, a new technician will be hired.”

On Oct 14, Mr. Coast called me at his office. I was surprised to see Mrs Rock was also in his office. Mr. Coast told me that: “I was not qualified to be the next “ Remote Support Manager”, since my qualifications did not match the position. Mrs. Rock added that: “ I was not a team player’.
Since then I suffered
1. depression (could not sleep, even cosulted a doctor; diagnosis was stress, medication prescibed), and
2. shame (It was hard for me to be with my fellow workers
Do I have a strong legal recours

Accepted Answer

You may have a case for breach of contract for them not promoting you to the position, since it was announced that you were promoted to the position and then the next day rescinded. As far as your suffering of depression and shame, these types of damages are not generally recoverable in breach of contract actions.

I would caution, that if you were an employee without a written contract or agreement for the position, you were an at will employee and as always, management has the right to determine who to promote and who not to promote and their decisions would generally be supported by the courts as long as they were for legitimate business reasons and not because of unlawful discrimination (age/sex/race/disability).

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Accepts:
Expert:	PaulMJD
Pos. Feedback:	99.5 %
Answered:	11/22/2008

Attorney

20+ Years of Employment Law Experience

362 days and 18 hours ago.

Reply

Thank you for your advise.

Posted by PaulMJD 362 days and 7 hours ago.

Answer

Thank you and good luck.

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