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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39160
Experience:  Retired (mostly)
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Hello, I was recently displaced and am in shock of how unfair

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Hello, I was recently displaced and am in shock of how unfair this was to me. I had been dealt with office politics bullying but this seems to be unfair. My position was one of two and my counterpart went on maternity leave and decided not to return. We had the same job position in HR. Earlier this year our boss decided to split the job responsibilities to go with our strengths in the role. Since she was on maternity I filled in for both of us no problem as I knew all parts of the job anyway. I was asked for my opinion on what if any changes should be made and gave them.I states the position should possibly be lower in rank and aid me in all job responsibilities as I thought it would strengthen the partnership between us. Prior to the posting I was informed the position would be that of the position prior to dividing our job responsibilities which is the same job as I am in now but they decided they only needed one position. I was then displaced. This makes no sense as the job is the exact same one and I have been with the company 15yrs and I would have to post. Why would HR approve something that I would have much more experience than other candidates? Is this fair? I encountered 2yrs prior office bullying when I was given a performance review of a 2 vs a 5 (which I had 3 yrs prior) and I know it was given just to prevent a bonus. The office politics I do not agree with and I feel they do not feel that I will be the puppet they want me to be for them. Nonetheless the job posting and my job displacement is the same. I feel they deliberately did this knowing I would not humiliate myself on posting for the job. Now im faced with questions that I will have from the team that I adore and supported on why they did this or why im not posting for the job. Help ,can this be tolerated?

In which U.S. jurisdiction are you employed?

Do you work in HR?

How many employees are employed by your employer -- approximately?

Do you believe that there is any unlawful discrimination involved here (race, color, nationality, religion, sex, age or disability)?

Thanks in advance.
Customer: replied 4 years ago.
i do not work in HR. i work at very large bank, i feel possible discrimination but due to me knowing too much perhaps my boss feels intimidated. i have a proven track record on my performance and capability of doing the job if not posted. it was posted to get rid of me but the job posting and my displacement do not make sense nor is there justification of not keeping me in job with no job posting needed. im from Atlanta Ga
Okay, thanks.

First, so that you have no illusions about your circumstances, the State of Georgia has the weakest employee protections of any U.S. jurisdiction. Some customers find this insulting, but I cannot avoid this commentary, because it is not an editorial. I have nothing against Georgia in general. But, with regard to employee protections, the state legislature and courts have simply decided that employers should maintain overwhelming control over employees. This makes employee legal recourse generally very difficult.

"Cutting to the chase," you must be able to establish grounds for unlawful discrimination, or you are finished before you start.

If you are age 40 or older, and your employer hires someone substantially younger to replace you, then you may have an age discrimination claim. Similarly, if you are replaced by someone of the opposite sex, then you may have a sex discrimination claim. I could go through the list (race, color, nationality, religion, sex, age or disability), but the botXXXXX XXXXXne is you must be able to make a good faith claim of some sort of unlawful discrimination, or nothing else will matter.

If you believe you can make such a claim, then I would encourage you to file a charge with the EEOC -- because even if the government finds no unlawful discrimination, the fact that you filed a charge gives you protection from employer retaliation. This could be used to bring a legal action against the employer for any further employer actions which operate to your impairment.

Many employees do not feel comfortable bringing a charge against their employer, because the employer, naturally, will view the complaining employee as a malcontent. Regardless, unless you are prepared to make such a complaint, then no matter how unfair the employer's actions may be, you will have absolutely no legal recourse, and ultimately, you are likely to be terminated from employment -- because, unless that is what the employer is considering, then it would have had no reason to displace you to begin with.

Please let me know if my answer is helpful and if I can further assist. If you need a link to the EEOC website, let me know that, too and I will be happy to provide.

Hope this helps.
socrateaser and 3 other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
i was wrong the juridiction is California. San Fran. again , how can a displacement be done for the same job posted same day?
For employment purposes, the relevant jurisdiction is where you perform your labor for an employer -- not the place where the employer's headquarters is located.

Please confirm that you work for this employer in California. Thanks.
Customer: replied 4 years ago.
id think they would be consistent where hq. nevermind
Okay, just to be sure, because it could make a difference -- if when you were first employed, you signed an employment contract of any kind, and the contract states somewhere in the document, to the effect that, "This contract shall be interpreted/construed under the laws of the State of California," then you may be able to legally claim that California, and not Georgia law controls your rights. So, take a look at any of the documents you originally signed (assuming you still have them or you can get a copy of them if you do not).

Best of luck.