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Position Change and more, unsure if allowable New Jersey

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  • Position Change and more, unsure if allowable New Jersey

    Hi, I have a situation going on at work and am curious if I have a justifiable complaint, or is there nothing I can do about what is going on.

    I work in the automotive industry as a Sales manager for a car dealership. My pay is comprised of a weekly draw of $1200 and then one monthly bonus that can range anywhere between $3-9K. I have worked for the same dealership for the past year and absolutely LOVED my job and was doing very well until approx 2 months ago, when the General Manager I was working under was let go and a new one was brought in. I had the sense from day one that he simply did not like me, not because of anything that was said or done, purely based on my interaction with him and his demeanor towards me. I know nothing can be based on "feelings", but of recent there have been comments and changes made that further these feelings and I'm uncertain if I have any recourse.

    I'll be as detailed as I can in explaining where I am now. Since I started a year ago I have been a top producer every month, either coming in first, or a close second among four sales managers. I have NEVER missed one day of work, or have EVER been late. A typical day in this industry are 12 hour days or longer, with very little time off, all of which I have no problem with and abide by strictly. When the new management came on board I noticed that in addition to giving me the cold shoulder, any time he did speak with me it was to question what I was doing in an unfriendly demeanor, for example, one morning I was running reports which I've been responsible for since day one and he came over my shoulder and said in a tone like I was doing something wrong "What are you doing, who told you to do THAT?".....I politely responded by advising what reports I was running and explained that it has been my responsibility but if he prefer I do something else I would, to which he literally waved me off and walked away with a grunt. A few weeks into him coming on board changes started being made to my sales team, members were shifted to other teams, leaving me with four team members to sell as opposed to the eight I had, and giving more team members to other sales managers putting them in a postion of having twice the sales force that I was now left with. With this said, my team and I still came in second place for total gross sales the month of August, at only $14K less than the first place person. (This is relevant to later comments made that I will soon get to). Lastly, I've been suffering for a while with 3 buldging discs in my back that I have been seeing a Chiropractor for ON MY TIME OFF, which isn't much. I curretly work 9am to 9pm (or later) Mon,Thur, Fri and Saturday. I work 1pm-9pm Wednesdays and have Tuesday and Sunday off. With this said, my only time to go to the Chiropractor are Tuesdays and Wednesdays before work, as they aren't open on Sundays. I have only scheduled my appointments during those times, and again have never taken time from work to do so except for ONE occasion. A couple of weeks ago the doctor wanted me to go for an MRI right after seeing me, it was a Wednesday when I was due in at 1PM, I knew going would make me about an hour late for work so I called my manager to ask if that was ok and told him if it wasn't I would do it another time, to which he said, no, just go and get it done. I ended up being 45 min late for work and brought a note from the doctor with me.......Now, all of these things were a couple of weeks ago and last week I was called into the new managers office and told my position was being changed to Finance Manager, which is a completely different job all together. I have no issue doing this job, as the pay SHOULDN'T be different, its just a different bonus structure, however, some of the reasons given for the change didn't settle well with me. He mentioned in our talk that based on Augusts numbers and that I was dealing with back issues and missed some work, were part of the reasoning behind the change, which based on what I noted weren't really justifiable, but that aside, what is really impacting me now is that my job has been officially changed, but I can not perform my new duty. There is no computer for me to work with and no workspace for me as there is only space and equipment for three finance managers and I am now the fourth. They are now building an office and ordering office equipement which isn't expected to be completed for another couple of weeks. With this said, I am showing up at work every day with literally no job to perform. This is now impacting my earnings as my weekly compensation is a draw that is deducted from my monthly bonus and as of right now I have earned nothing towards my bonus to offset the draw at the end of the month.

    I feel as if unfair tactics are being used to push me out without having to come out and fire me because there is no reason to be fired, but I don't know if any of this information can be utilized if I try and fight this, or if it is all circumstantial??.....I would also like to add that there is an ethnic difference between myself and the new manager, him being what is considered a
    "minority" and he is slowly replacing and adding current workers that are the same ethnicity as himself, to include my old role as sales manager. I feel this is relevant, as I believe our ethnic differences are actually the issue for him.

    If anyone has any input I would greatly appreciate it.

  • #2
    Hmmm. I can't say that I could answer that. Be patient, and there should be someone by that can that'll be by later.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

    Comment


    • #3
      additional issue.....

      Thank you, I'm looking forward to some feedback on all of this, as now I have an additional dilemma.

      Along with the position change comes a change in my time off. The store hours are as follows, Mon-Fri 9am-9pm, Sat 9am-8pm, Sun Closed. With this said, the time off structure for management is typically, two days a week off (one of which is always Sunday because we are closed), one day to start at 1pm and 1 day to leave at 5pm. So my schedule should look like three days I work open to close, two short days and two days off. All of this I'm fine with, as I've worked schedues like these for 15 years now. However, because "they are still determining the schedules etc" I have not been advised when my time off will be so I have now worked full days since the postion change was made last Wednesday and have only gotten one day off, (Sunday when we were closed). I "may" have tomorrow, Thursday, but not sure yet. From last Wednesday till yesterday I've put in 72 hours minimum because I'm sure a couple of those days I worked longer than the 12hr open to close. Additionally, if Thursdays turn out to be my day off, that will mean the only two days a week I have off, Thursday and Sunday are the two days my chiropractors office are not open (as is the case with most chiropractors or I would simply change doctors). With all that is going on, and the comment that was passed when I came in 45 min late once due to doctor visit, I'm hesitant to request accomodations on my days to allow time for me to make these visits. I'm really at my wits end......and given the time I'm required to work in this position it literally leaves me no time to secure a job elsewhere. I really feel I'm between a rock and a hard place.

      Comment


      • #4
        Unless you have a legally binding and enforceable contract that expressly states that your job duties cannot be changed (quite unlikely outside of a union situation) your employer can change your duties any time he wants to.

        Additionally, barring an already-established FMLA or ADA issue, your doctor's appointments are not his problem.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Thanks for the feedback. However, my big issue is not about the change in position, or the time off, or my personal medical issues, as I'm not looking to take leave. My biggest issue they've changed my position to something that isn't ready to be performed because of their lack of preparedness, which esentially results in the possibility of me owing them money at the end of the month?? How can you change a persons position and pay structure with no means of them performing that job? I am literally going to work every day and not earning a dime.....have racked up 72 hrs so far that I will make no money for because they do not have space or equipment for me to complete the position they've put me in. It would seem to me that not only is this unreasonable, but breaches some sort of responsibility on their part.

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          • #6
            It is allowed because there is no law that says it is not allowed.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              nutty....but thanks for the info.

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              • #8
                I read this situation slightly differently. If the reason you are being transferred to this other job is because of your medical condition, and this new position is such that you are taking a huge hit pay-wise, that *could* be a violation under ADA(AAA). It isn't a slam dunk, but on the surface it could be.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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