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23+ years in the wireless industry. For the last 2 years, I…

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23+ years in the wireless...
23+ years in the wireless industry. For the last 2 years, I have been employed as a Dist Sales Manager for a wireless carrier. My director who I have worked with for over a year indicated I did not have a skill set as a Dist Mgr. He said this to me twice before without ever expanding on it. By the way, on my 2009 year-end performance given on 2/10, he rated me as performing. Then on our 1 on 1 meeting 1 last week, he said it again (lack of skill set) to me. I disagreed with him and asked him to provide specifics. He said leadership skills, organization...the basic fundamentals. He proceeded that I should take a position in the company that is self contributing such as Business Acct Rep or in retail. I declined and although I do not agree with his assesment of me asked him to coach me on the specific items that he feels I lacked.

He indicated that if we went down this route, that he would have to write me up along with a formal plan and then a final write-up would occur and I would not be able to transfer to another position. He said for me to think it over and he would speak to our regioanal president and HR for options for me. It is obvious my director wants me out. What are my rights? Thank You JABKile
Submitted: 8 years ago.Category: Employment Law
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Answered in 7 minutes by:
6/29/2010
Employment Lawyer: legaleagle, Lawyer replied 8 years ago
legaleagle
legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,441
Experience: Practicing Attorney for 10 years
Verified
When you work for a private employer you do not have many protections against this type of action. If the employer has their own internal process for performance reviews and disputing them, then you need to follow that process regardless of what he says. If he retaliates then you report that to HR and if they do nothing you can file a retaliation claim with the EEOC (www.eeoc.gov). IF there is no internal process then you should report this issue to HR and your boss's boss and then if they allow the retaliatory action you file the claim.
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