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Can an employer give you an ultimatum on a job position?
Anonymous2 views3 answers
i was hired six months ago to run a retail store after the company fired the previous manager. they knew i was not relocatable. i took the store from last in the company out of 1200 stores to number 10 in three months. He sued the company and won his case, so they gave him his previous position and told me they did not want to loose me because im an asset to the company and told me either i transfer to a store in another city or i would have to step down and be a sales associate.... the move included a wage increase, but does not cover my gas, mileage or the expense of renting something.... can they do this???
I am a California attorney and not eligible to give legal advice in your state. The following is information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION.
You should be very proud of your accomplishments! Nevertheless, although it sounds unfair and is unfair, your employer can do what you describe unless doing so violates a contract you have with the employer or a specific statute, such as a discrimination statute.
But even with that, nothing stops you from trying to negotiate a better deal. You could respectfully and professionally write your employer with a list of your accomplishments and explain your value to the company. Explain you value the job and your future with the employer. Say that you are interested in the new position but want it to be of benefit to both the employer and to you, and the way it is presently constituted, the offer results in an overall loss to you, given the additional expenses and dramatic change to your life required by moving. You can propose a compensation package that is a bit more than you think is reasonable, to allow for further the employer's counter-offer.
If this doesn't work, you should request a written reference letter that describes your remarkable accomplishments, so you will be better situated to find a new job.
Good luck to you.
Lonnie K McDowellBankruptcy AttorneyPrescott Valley, AZ ·
The short answer is Yes, absent a provision in your employment contract that prevents them from doing so. That said, you are clearly valueable to the company, and can try to get them to give you a better offer, and can walk away if you you don't get one.
As a franchise attorney, I agree with the other attorney answers. In the absence of a written employment agreement the relationship is "at will," meaning either party can terminate or change things at will.
As the first attorney mentions, it seems you are an incredible asset to this company and they would be foolish to lose you over gas, mileage, etc. expenses. This gives you what is called negotiating leverage.
To to maximize this, with the end result being a written employment agreement that is acceptable to both parties.
Consult with a good attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D.
Attorney at Law
Director of Operations - Mr. Franchise
FRANCHISE FOUNDATIONS APC
http://www.franchisefoundations.com
