What should I do about my job demoting me without a notice?
I got hired in November as an assistant manager. Upon starting, I kept asking if this was a permanent thing or am I just a replacement. I asked because there was a girl who was pregnant and left before she had the baby. So, I took her position when hired. They told me she wasn't coming back, they meaning the District and store manager. The store manager is no longer here. I've been here for over two months now, and just the other day, the girl comes back wanting to be put on the schedule and they did just that. They gave her the position back after telling me she was no longer an employee here. Not only did they give me a regular store associate position, they cut my hours to part time when I was hired to be full time, which means my pay will no longer be manager pay but associate pay AND I'd have to reapply to and undergo the entire hiring process to get the assistant manager position! They're telling me I have to work for something that I've already had and they lied to me! Don't I have any rights here! Please help me, someone! I'm 24, a college student, I'm trying to get an apartment but how can I when they have literally cut my hours and pay in half without my knowledge!!
Comments
"What should I do about my job demoting me without a notice?" Nothing to do other than complain. They have no legal requirement to give you notice. They have no legal requirement to keep your job, pay or hours the same as they were when you were hired. The only thing they can not do is retroactively reduce your pay, the new lower rate must start at or after the time you are notified of the change.
Employment in all states except Montana is at will. That means you can quit at any time with or without notice and for any reason or no reason at all. It also means they can terminate you for no reason or any reason that does not violate EEOC guidelines.
Where did you get the silly idea that the company owes you a certain position or that you have a right to a certain position? Unless you have a written contract stating the position and salary you were hired for then you have no legal grounds to do anything. A company can promote you, demote you or fire you at any time for any reason. If you are not making enough money there then find a job where you make enough.
It sounds to me like there's something senior management is not happy about and perhaps are reluctant to bring it up in case they get sued. So as a consequence they demoted you and cut the hours so you'll leave without any headache to them. Whatever the problem is, there's no point pursuing the matter unless you can prove the position was permanent with no trial period.
I'd look for employment elsewhere.
Unfortunately, the woman may have told them she would not be returning and then changed her mind. Since she knew the position better, was probably there longer, with more experience, they wanted her back. Life is not fair. There is nothing you can do about it. They do not have to give you notice. They might not have been given notice themselves.
Crappy deal but your employer is well within their rights. The most potent thing you can do is threaten to quit. If they value you they might cut you a better deal but if not they won't. Your position with any company will always be based on their perception of your value to the company and have virtually no bearing on legal standing.
You may have a case for constructive dismissal depending on your local laws, but you will have to quit the job right away if you want to pursue this. Personally, if a company did this to me, I'd go elsewhere.
Learn to live with it, kid. That's America in the 2000's.
You may have been hired under a 90 day evaluation plan. When you were hired did you read all of the rules for the position. They are required to produce that. If you did and they disclosed the information you may be screwed.
Rights? You have the right to quit. That's about it.
1) Doesn't sound like you have many rights here.
2) You would need to prove they lied to you, with written documentation. He said / she said doesn't sway courts.