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My daughter was demonted after being in a management for one…

My daughter was demonted...

My daughter was demonted after being in a management for one year. She was told today that her work was good, she handles any work item well......and works well with her iboss.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

The reason given was that she was not able to know the dirrference between manger and friend

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Job was salary, workplace is at will

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

Yes she received no training in the position

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Answered in 5 minutes by:
3/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 4 months ago
What is your opinion, does she have any recourse.

I’m sorry to hear about your daughter's situation. I have dealt with some terrible co-workers, managers, and subordinates in my time. It’s one of the reasons I decided to become self-employed is because I just couldn't take it anymore.

Nonetheless, there are some things that you can tell her and I'll walk you through what I'm thinking so you can relay this back to her:

it’s important to analyze the law in this situation. Harassment/retaliation/discrimination is against the law; however, employment law only makes it against the law if the basis of these actions by the employer are based on your race, gender, age, religious affiliation, sexual orientation, or disability. Employment law doesn’t necessarily cover people who act like jerks. In some states, contract law may help if an employer doesn’t act in good faith. Under the Uniform Commercial Code, any party to any agreement (including employment agreements) has to act in good faith with one another. The failure to do so could be a breach of contract. It’s one of the possible legal solutions, but not always the most practical one.

There are some other things that I could recommend to you to help you deal with this problem now and not just in the courtroom based on my experience in working with thousands of people who have had the same issue. Generally, I recommend that you keep documentation of everything that happened. The frequency, duration, and intensity are going to be important and it’ll make it difficult for them to deny this if you confront them. In addition, you should strongly consider what your employer says about this behavior. With the right documentation and some back up in the employee handbook or policy, it could help you solve this right away. You may want to consider having the people who are willing sign an affidavit (a sworn statement) describing what they saw and heard. There’s a site that I’ve used in the past where you can find a good templates (click here). I also recommend building a support network and getting people involved in the situation who may be advocates for you. They may have practical tips or ideas specific to your industry, your organization, or even your team that could be much more helpful than anything the law could provide.

The one thing that you could do is keep a lawsuit in your back pocket. What I mean by this is if the issues continue, then you may want to consider a lawsuit for intentional infliction of emotional distress. IIED means that if someone is intentionally causing severe emotional distress in another, then you may be able to recover for the damages that occurred (e.g. therapist bills, lost wages, medications, etc.). You would have to prove that you suffered damages, but employees have used this tactic when employers have done the same things yours has.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
My daughter was promoted last year as a team lead and had 20 people reporting to her... She was demoted today because they said she wasn't able to divorce herself from friendship with her co-workers and after a year she should have been able to do so... In the year that they are speaking about, she had absolutely no managerial training as the department was too busy. How can they say that she should have known how to do that if they never trained her for the position... Don't they have some responsibility to provide managerial training if they expect her to act like a manager?

I understand. If they set her up for failure, then you may have some recourse under contract law. 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 other can result in a breach of contract. 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. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

What other questions can I help you with today?

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Customer reply replied 4 months ago
Thank you

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Legal Eagle, Lawyer
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