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I was asked to step down from my current position with

I was asked to...

I was asked to step down from my current position with terms. I could choose the shift, hours, days off, hours to work, area to work within the same department.and be paid the same only hourly and not salary. The shift and the wages was given as agreed. The hours, days off, area to work have not complied with. My manager has scheduled me for different hours, days off and has scheduled me to work two days a week in an area I did not want. This was verbal with four of us present. That being HR director, Department Manager, Director of Finance ( my managers boss) and my self. What can I do or say to have complete compliance for all agreed to?

Lawyer's Assistant: Have you discussed this scheduling issue with a manager or HR? Or with a lawyer?

I discussed it with HR Director and nothing has changed.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

I also told my Shift Manager.

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Answered in 11 minutes by:
5/6/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,423
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I can only imagine that this is a frustrating and stressful situation for you. In most states, employment is at will - meaning you or the employer can terminate the relationship for any reason or no reason, as long as the reason is not unlawful (e.g., discrimination). The exception to at will employment is when you have an actual contract for employment, which usually would be in writing. Here, it sounds like you had an oral agreement to terms that are now not being followed. You also mention that you were asked to step down from a position and I assume that in exchange for your agreement to do that, these terms were agreed to. You may want to ask the HR department to permit you to review your personnel file. In reviewing it, you may be able to see if there were any notes or other documentation of this agreement placed in your file. If so, this may provide a basis to try to have the employer abide by these terms.

The difficulty comes in if you were not promised a specific length of time of employment and the employer decides it doesn't want to continue with these terms, you may simply be able to be terminated. So, you will want to be careful with how you handle communications on these issues. If you have not already done so, it may be worth speaking with others who were present when these terms were discussed and agreed to (e.g., Director of Finance) and you may want to put your concerns in writing to the HR director setting out that you understood an agreement had been reached and they no longer appear willing to comply with the terms of that agreement and asking for either an explanation or clarification of the current situation. Being as nice and professional as possible can go a long way.

If they still seem unwilling to abide by the terms, you may be in a position of having to decide if you want to continue this employment.

I wish I had a more clear path to having them abide by the terms you reached. I do hope this information helps. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,423
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
If it’s not in writing, then what recourse do they have that I agreed?

If it is not in writing, even if you could show that was the verbal agreement, without an agreement that you would also remain employed for x number of months or years, it would still present a situation where if the employer no longer wanted to be bound by those terms, they could just end the relationship with you.

It is always incredibly unsettling and disappointing when others do not follow their agreements. I hope you are able to get them to go back to something close, if not exactly, what you agreed to.

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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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