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I was working at Kmart as a cashier and got promoted as an…

I was working at Kmart...
I was working at Kmart as a cashier and got promoted as an office associate and worked as an office associate for three months and then I take a medical leave of absence and return back on the 12th of June and when I returned I was told by the store manager and hr that since my boss retired my position got eliminated and I should go back as a cashier. So, I worked as a cashier from June until August and then quit. I tried to find a lawyer but no one wants to take my case. Also, I had fmla.
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Customer reply replied 11 months ago
Hello??
Answered in 15 hours by:
9/6/2017
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,227
Experience: More than 30 years in legal practice.
Verified

Hello. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you. Thank you for your patience as I review your question. In a moment I will either ask you for more information or post an answer to your question.

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am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible. You do not need an attorney to file with the EEOC.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise, but I do not want you to be spinning your wheels on this.

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Customer reply replied 11 months ago
Okay thanks

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Thank you!

Loren

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,227
Experience: More than 30 years in legal practice.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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