Would I have any grounds for legal action?
Find answers to your legal question.
Would I have any grounds for legal action?
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I was hired for a better position in the department that I currently work in. The supervisor in charge told me that I was getting the job and asked when I could train. I got the job on a Monday and started training the following Saturday. The next Monday, I was told that I no longer had the job because another person was being looked at for the job. This person has worked here longer than me and was promised the job last year by someone who didn't have the authority to make the promise. The other person being looked at has been caught sleeping at work at least twice, once by me and another worker, and another time by my boss and another supervisor. Sleeping at work is a major no no here. However, the person that promised the job to the other worker is causing the problems so he won't look bad by making promises he shouldn't have. I am just wondering if it turns out that I do not get the job, if I have a case? I am in TN by the way. Any help is appreciated.
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liss
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I am pretty sure TN is a right to work state, which means you are "at will" which means, sorry--they don't have to give you the job. If they want, they can fire you at any time, for no reason, and don't have to give you anything specific unless you signed (in writing) a contract spelling out what you got.
Unless there is documentation about the other worker filed with HR (human resources) then it is not documented, it's just hearsay. So unless your boss starts keeping track of this, then it's like it doesn't exist.
If your company has a 1800 open door policy line, then I suggest you call them. If not....maybe you didn't want to work for them. (or call legal aid if you still think you have a case, but is forcing them to promote you, or give you a better job going to help? They'll be upset and fire you later for something totally non-related anyway) |
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Judy
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Is it fair? No. Is it illegal? Sorry, but also no. If you don't end up with the job, nothing illegal has been done, and no you have no grounds for legal action. |
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jobbend
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If you are working in a "work-at-will" job, you can leave or be fired for any reason or no reason at all. It also includes non-discriminatory practices of promotion and demotion. If you are part of a union or have a contract that specifically states how this is handled, then yo need to follow those guidelines.
If you are "work-at-will", go to www.eeoc.gov and click on discrimination. If your situation is covered by this, then talk to HR. You should talk to HR no matter what - good HR departments are there to promote a healthy workplace, and ensure that employers are compliant with applicable laws. |
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Debra C
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Hi--
I got treated really crappy by Wal Mart here in Redding, Calfornia and got fired for doing things that I didn't do but couldn't prove it. I took this to the Labor Board, but they were afraid of Wal Mart and wouldn't take them on. Try the Labor Board, and if that doesn't work, try OSHA. They will guide you if they can't do anything about your case. Good luck! I know exactly how you feel! |
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