Re-organized Dept. Not Compensated, Previous Position Given to My Direct Report
My department was reorganized. The new position I was placed in is a higher grade, higher salary. I was told it was a lateral move, and not compensated for it. I do not like the area they placed me, is not my direct field although I had knowledge of it. It is very stressful and complex, my hours are long. My previous position was given to the younger person that reported to me. She reports to someone else now from my old dept. I'm over 50 and have been with the company for 26 years.
1 answer | asked Aug 21, 2016 08:51 AM [EST] | applies to New York
Answers (1)
Are you an at will employee? The majority of employees are. If you have no written contract of employment or union then probably yes.
What are your damages? You are still employed at a higher pay rate. Employers can give younger employees jobs for legitimate and non-discriminatory reasons. More education, experience, training or "fit" could be some of such reasons.
What do you want? You can quit or find another employer. But don't count on unemployment if you quit without another job with a definite pay rate and start date lined up before you give notice to quit.
I can think of no employee guaranteed the same position without a contract specifying a stop date - a definite term.
Age discrimination only applies if the employer used age as a factor AND you can prove that age was a factor in its reorganization. You stated no facts to support that.
Unless you relay more facts to a labor and employment lawyer during a consultation to support unlawful acts you probably need to look for a new job. In most parts of the U.S. almost no employee works for one employer as long as you have worked for your current employer. New York is quickly joining the rest of the country and the world.
posted by V Jonas Urba | Aug 21, 2016 09:52 AM [EST]
What are your damages? You are still employed at a higher pay rate. Employers can give younger employees jobs for legitimate and non-discriminatory reasons. More education, experience, training or "fit" could be some of such reasons.
What do you want? You can quit or find another employer. But don't count on unemployment if you quit without another job with a definite pay rate and start date lined up before you give notice to quit.
I can think of no employee guaranteed the same position without a contract specifying a stop date - a definite term.
Age discrimination only applies if the employer used age as a factor AND you can prove that age was a factor in its reorganization. You stated no facts to support that.
Unless you relay more facts to a labor and employment lawyer during a consultation to support unlawful acts you probably need to look for a new job. In most parts of the U.S. almost no employee works for one employer as long as you have worked for your current employer. New York is quickly joining the rest of the country and the world.
posted by V Jonas Urba | Aug 21, 2016 09:52 AM [EST]
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