Is it unfair treatment or discrimination to disallow a manager to step down when the position is too stressful?

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Is it unfair treatment or discrimination to disallow a manager to step down when the position is too stressful?

I have asked several times to step down from front end manager to bookkeeper but the store manager and district manager would not allow me to. Now I have the HR manager talking to me about not performing my job correctly and laying me off because of it. I even applied for bookkeeping positions on the job board trying to step down from the stressful Management position I currently have. I feel as if I am being unjustly mistreated, and wondering if they can treat their management employees that way?

Asked on February 21, 2012 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no law against making jobs stressful, requiring employees, including managers, to do stressful jobs, or against laying off or terminating employees who do not do their difficult or stressful jobs correctly. Also, it the employer, not the employee, who determines an employee's job title, position, and responsibilities, and an employer is not obligated to let a manager step down to a lower-level position. Therefore, from what you write, you employer may refuse to allow to you to "step down," can judge you by your performance in your current job, and could terminate you for performance issues.


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