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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19673
Experience:  B.A.; M.B.A.; J.D.
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I was recently demoted without cause. It is the policy of

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I was recently demoted without cause. It is the policy of the company to do at least three warnings, then three write ups prior to taking any kind of action. As a manger this is the policy I was held to. I had received the promotion 1 1/2 years ago and then recently received a considerable bonus raise. The demotion took away the bonus (equal to about $3000. per month). All was well until we received a new Operations VP about 3 months ago and it became apparent that he didn't like me almost as soon as we met. I was asked to do things that none of the other managers were required to do but did this with a smile. I believe he didn't like managing someone older than himself; everyone he has hired is considerably younger than himself. He was constantly shooting mails to me implying that something was done incorrectly. In every case I assisted in determining what had happened and then always asked what I could do to help resolve the problem; in every case the problems were not my departments fault.
I absolutely loved my job however once this started happening I hated to go to work; I constantly wondered what he would be accusing me of next.
I was never written up, not even by him. I went to our HR VP and expressed my concerns and asked for assistance. The next week I was demoted. When asked why there was no answer. I quit. Do I have any recourse at all with this employer? The mental harassment was almost daily; I found myself doing everything I could to avoid even seeing this VP.
I sincerely XXXXX XXXXX would be retiring from this company; now I'm looking for a job.
Thank you for your assistance.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


I am sorry to read about your difficulties.

Are you age 40 and over?


Is your former boss and those he has hired under 40 years of age?
Customer: replied 4 years ago.

I am 62

Thank you for the information.


What about your boss and those he has hired?
Customer: replied 4 years ago.

My boss appears to be in his 30s as are the people he had hired

Customer: replied 4 years ago.

He appears to be in late 30s and his hires are late 20s and early 30s.

Thank you for the information.


Your Question:

I was recently demoted without cause. It is the policy of the company to do at least three warnings, then three write ups prior to taking any kind of action. As a manger this is the policy I was held to. I had received the promotion 1 1/2 years ago and then recently received a considerable bonus raise. The demotion took away the bonus (equal to about $3000. per month). All was well until we received a new Operations VP about 3 months ago and it became apparent that he didn't like me almost as soon as we met. I was asked to do things that none of the other managers were required to do but did this with a smile. I believe he didn't like managing someone older than himself; everyone he has hired is considerably younger than himself. He was constantly shooting mails to me implying that something was done incorrectly. In every case I assisted in determining what had happened and then always asked what I could do to help resolve the problem; in every case the problems were not my departments fault.
I absolutely loved my job however once this started happening I hated to go to work; I constantly wondered what he would be accusing me of next.
I was never written up, not even by him. I went to our HR VP and expressed my concerns and asked for assistance. The next week I was demoted. When asked why there was no answer. I quit. Do I have any recourse at all with this employer? The mental harassment was almost daily; I found myself doing everything I could to avoid even seeing this VP.
I sincerely XXXXX XXXXX would be retiring from this company; now I'm looking for a job.
Thank you for your assistance.



Response:
Yes, you do. You may consider filing age discrimination claim against your former employer if the employer has 20 or more employees. Click here to learn about the complaint process.


You may also have a claim for Intentional Infliction of Emotional Distress if your employer’s mistreatment has caused you to seek medical treatment including therapy for your stress. In order to prevail on your claim of Intentional Infliction of Emotion Distress you need to show that (1) your employer acted intentionally or recklessly; (2) the employers’ actions were extreme and outrageous; and (3) the employers’ actions were the cause (4) of your severe emotional distress.



Although Intentional Infliction of Emotional Distress is a tort, in the same class as personal injury, you should still try to retain the services of a local labor and employment Attorney since this has to do with employment situation. You can use the following sites to find local labor and employment Attorney who can assist you with your case:

Lawyers.com

Justia.com


Let me know if you need additional information.



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