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I am at a loss for words with what just happened to me. I am…

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I am at a...

I am at a loss for words with what just happened to me. I am a GM at a Jimmy Johns franchise (with independent owners Not a Corporately owned store). I work Monday thru Friday with weekends off. I have a 1st and 2nd Assistant Manager.This past weekend I was at my family reunion which was to be followed by a Memorial for my sister who just passed away of cancer after being in my care for a year. On Saturday the 1st asst was scheduled to work mornings and the 2nd Asst was scheduled to close the store. Between 3 and 4 is shift change where the managers discuss the day. The 1st Asst chose to leave the store at 4 pm without the 2nd Asst there leaving the store with 1 employee and No manager on Duty. The 2nd Asst never came in. The employee left at the store alone tried to call me but I was unavailable to be reached as I have lost my phone WHICH I PAY FOR MYSELF not the owners. I came into work on Monday morning as usual and received a call from the owner Brian who instructed to go home and come back at 3 pm and told I would be working nights and the 1st Asst would be taking over my duties as GM. I was also informed of the situation and that the owners had to come and close their store (which at Jimmy Johns franchises 90% of them have a working Owner in the store). I was also informed that I would be receiving a write up. Yesterday I was "attempted to give a written write up" for insubordination SEVERE. I would not sign it as such and after 3 hours of talking I settled in for a coaching and it being a verbal as I stated I have never done anything insubordinate, nor harmful to the business the last sentence in the write up stated "potential demotion pending HR review" which HR is the wife of the owner and an owner). As a matter of fact since I have taken over the business I have turned it around with my Cost of Goods going from 38% to 24%, Labor down from 50+% to a consistent 25%. The numbers speak for themselves. Anyway, the owner stated I can not fire you but I will take your resignation. I was like why would I give my resignation when I have done nothing wrong. If anyone is at fault it is the 1st Asst who KNOWINGLY left the store without a manager on duty. She knew what I had going on this weekend with my sisters memorial. She has been put in my position and I have been put on nights and working every weekend, and my days off are now being split up. I was hired as Monday thru Friday openings and with weekends off. As the GM this is the schedule. They know they can not fire me, nor can they take away my salary. But the intent is to make it so miserable that I quit. What was a TEAM I built has now been reduced to a gossiping environment. Can this really be done to me.....demoted for not answering MY OWN PHONE and her be PROMOTED whom left the store unattended????

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

Georgia

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

Fulltime

Submitted: 4 months ago.Category: Employment Law
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Answered in 2 minutes by:
12/6/2017
Employment Lawyer: Ray, Employment lawyer replied 4 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 46,474
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 4 months ago

Your best protection here is to file EEOC complaint claiming age, sex, or race discrimination.This may actually be a a move to replace you with a younger, cheaper employee.

Remember otherwise you are an at will employee.They can terminate you without reason as long as they don't discriminate.

EEOC offers you protection under the law that otherwise you don't have.So filing here protects you and any further action is retaliation and you file a gain.You need to consider your own lawyer to sue here for any wrongful termination based on EEOC discrimination.

EEOC file here

https://www.eeoc.gov/employees/charge.cfm

If they do anything else to you file again claiming retaliation

he EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:

  • filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
  • communicating with a supervisor or manager about employment discrimination, including harassment
  • answering questions during an employer investigation of alleged harassment
  • refusing to follow orders that would result in discrimination
  • resisting sexual advances, or intervening to protect others
  • requesting accommodation of a disability or for a religious practice
  • asking managers or co-workers about salary information to uncover potentially discriminatory wages.

Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violateEEO laws, even if he or she did not use legal terminology to describe it.

I appreciate the chance to help you today.So sorry they did this to you.

I hope you will file here and consider a civil suit based on discrimination.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 4 months ago
You are correct in your assessment that I KNOW they are replacing me with a younger HALF MY AGE and cheaper salary. An employee came to me yesterday to tell me to watch my back that Natasha is planning on hiring someone from the outside at a cheaper rate than what they paid her. I wish I could find a way to find out what her salary is.
Employment Lawyer: Ray, Employment lawyer replied 4 months ago

EEOC might well get this information.File here quickly in case they try to fire you.

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Customer reply replied 4 months ago
How much will this cost me to file things through here?
Employment Lawyer: Ray, Employment lawyer replied 4 months ago

We only answer questions, cannot represent you under terms of service, use lawyer referral above.

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Customer reply replied 4 months ago
at the moment I do not wish a call. Can you please answer me this question. If I pursue this today in order to protect myself and my earnings, how much will this cost me
Employment Lawyer: Ray, Employment lawyer replied 4 months ago

EEOC complaint is free to file.You can sue here, lawyer might take it contingent fee where you only pay if there is a recovery.

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Customer reply replied 4 months ago
how do I do this then upon contingent fee
Employment Lawyer: Ray, Employment lawyer replied 4 months ago

You use lawyer referral above and negotiate it with the lawyer.

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Customer reply replied 4 months ago
last question, I used the link above and found an attorney I think I like. In the answer above you mention FILE HERE in referring to immediately filing the free EEOC complaint. Do I do it "here" or go through the attorney that is provided in the link referral above?
Employment Lawyer: Ray, Employment lawyer replied 4 months ago

You can file it yourself or have lawyer do it.It can be done either way.The lawyer can craft it better with better arguments.

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Customer reply replied 4 months ago
thank you for your advice
Employment Lawyer: Ray, Employment lawyer replied 4 months ago

Prayers to you, thanks for rating 5 stars.

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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 46,474
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Experience: 30 years in Employment law

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