What are my rights if I was supposed to be transferred but now the transfer has fallen through and my old position has already been filled?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I was supposed to be transferred but now the transfer has fallen through and my old position has already been filled?
My employer told me that I was getting transferred to a better paying position and gave my old position to another employee. However, later my employer tells me that my transfer is not available and now I am left without work. What can I do?
Asked on January 17, 2016 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Do you have an employment contract or union agreement that affords you some protection in this situation? Is this action in violation of company policy? Is your treatment due to some form of actionable discrimination/retaliation? If not, then I'm agraid that your loss of hours is legal. Unfortunate but legal. The fact is that an employer can set the terms and conditions of employment much as it sees fit. This includes who gets scheduled to work and who does not.
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.