What are my rights to get back my former position with my employer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to get back my former position with my employer?
I have been with the same company, a nursing home, for over 30 years. Suddenly they decided that they were going to give my work, ward clerk, to someone else. She couldn’t do the job so now they have posted the position. Meanwhile, I am doing all sorts of different jobs within the company, without being given a “New Position” or any explanation. I have never, not one, received any sort of diciplinary action, no write-ups, no verbals, nothing in over 30 years. Therefore, they have no cause for changing my job or firing me. I do have rhumatoid arthritis, however I have had it for over 40 years, long before I began working for this company. Do I have any grounds to sue them for some sort of discrimination or any other cause for taking away my position and without offering to give it back to me, posting it?
Asked on September 20, 2012 under Employment Labor Law, Maryland
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Sounds like you are setting up for a good case against your employer for labor law violations. In most states, employment is at will, unless you are a part of a union or have a contract. If you were not given enough information about your employer's choices, you may need to begin to explore your options and even more, you should put everything in writing with your employer and keep copies.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.