My HR director asked for a meeting claiming it was to follow up on the department I currently supervise. When I arrived, my manager and the HR director let me know that I was being demoted because of my inability to perform my job. They claimed that they had interviewed my staff individually and all had stated that I would not help them, answer any calls, and I had a tendency to start gossip. They also claimed they had proof regarding all these claims, but when I asked for them to present me with the proof I was denied due to confidentiality. I did not sign anything that day and left letting them know that I would sign my demotion before pay period
closed. The next day I went to my office and audited all my system records plus all emails. Everything is color coded, therefore i printed two month's worth of documents where all my work, emails regarding calls, department tasks, etc., were reflected. By the print out it was evident that more than half were coded under my color. I also tracked down email threads regarding some of the items he mentioned were gossip. These displayed conversations going back and forth, which coinsidently I was not initiating. My department has 6 staff members, out of them I spoke to 3 regarding the meeting they had with HR, all 3 had no idea what I was talking about. I spoke to them seperately without anyone else's knowledge and all three had the same surprised lost look when I asked about this so called meeting.
JA: Because employment law
varies from place to place, can you tell me what state this is in?
Customer: The next day I requested a meet with the HR director, without my manager present. I gave him all the audits proving I did more work than anyone else, and I handed him the full conversations behind his claims of gossip. He then retracted himself then came back stating he would not move forward with the demotion.
JA: Have you talked to a lawyer yet?
Customer: Now it has only been 3 weeks since that incident and again I am facing the same issue. They have announced that they will bring 2 new managers, and keep the old one. Therefore with 3 managers there is no need for a supervisor. Again, they have offered to demote me to a per diem
(on a needed basis) job. I know that this time they have a valid reason to demote me, however, I feel that this whole change is in retaliation
for their previous attempt to demote me.
JA: Anything else you think the lawyer should know?
Customer: Also, I am almost positive the goal of the demotion is to avoid paying unemployment benefits
, as they are not laying me off.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.