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I was told I was demoted because I do not directly stand…

Customer Question
I was told I...

I was told I was demoted because I do not directly stand over associates in back of deli on a shift so I'm not managing

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I was told to learn to order for two years was never taught now I am told by GM I am not even smart enough to wear hat . This is not even true I wear my uniform. GM tells me I am demoted.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Regional manager is very vague I have not missed my bonus check yet. Next week bonus check is due. I'm suppose to have meeting with him Friday. My GM has treated me deferantly than other employees like making example out of me. If don't kiss up to her this is what could happen type of thing

Submitted: 11 months ago.Category: Employment Law
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Answered in 1 minute by:
9/20/2017
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,309
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The downside is that most states are “at-will” states, meaning that an employer can terminate your employment agreement at any time for no reason or for any reason at all, so long as it is not discriminatory. However, on the bright side, this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

.Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 11 months ago
Don't think a breach of verbal contract will hold up against a million dollar company.
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago

You'd be surprised sometimes. The breach of contract is the thing that will usually even the playing field against the other party. Employers have a lot of power under the law., but this helps tip scales back in your favor in the absence of some discriminatory action. I'm very sorry about this. What other questions did you have for me?

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Customer reply replied 11 months ago
State is texas
Customer reply replied 11 months ago
Treating one employee diferantly than another is not equal opportunity employment?
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago

Hi, that is possible that treating one employee differently could be a violation of the law; however, it has to be on the basis of some protected characteristic like sex, race, gender, disability, or religious affiliation. Otherwise, it's permissible to treat people different based on non-discriminatory factors such as experience, qualifications, education, performance, or other business needs, unfortunately. Did you have any other questions for me regarding this?

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