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Unfair dismissal

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  • Unfair dismissal

    I am in the mortgage industry. I was heavily recruited by a California company who is opening a branch here in Vegas. I interviewed with 3 VP's on August 5th and was slated to be Branch Manager. There were several delays about sending the offer, in the meantime I continued to interview. I was finally contacted by the VP and instructed to speak with the local person who was assisting with the branch opening. When I met with this individual the offer was changed; he offered me a Loan officer position with no base, or a Processor position making about $10 per hour (I was insulted). I contacted the recruiter and declined the offer. The Branch Manager called me and offered me the Senior Processor position with the long range goal of Processing Manager in the future. Long story short, I gave a weeks notice to my employer and started with the new company on 9/15. It was clear to me on the first day that the company wasn't prepared for a Processor, this gave me a lot of concern. Yesterday (9/23) I was called into the Branch managers office and told that they were letting me go because there was enough work for me. I am angry, because not only did I left a place where I was making money, but also turned down several other offers to accept theirs and I am now unemployed. The VP contacted me (after numerous calls) and told me that they would pay me to the end of the month.

    I am am bewildered and would like to know if I have any rights here. I was told that I could file a compliant with the EEOC or Labor Commission. Nevada is an At Will state, but there must be something that I can do. 2 weeks pay just isn't enough.

  • #2
    Two weeks pay may have to be enough. Under the law, they did not have to pay you even that.

    Unless you have a valid reason to believe that you were terminated BECAUSE OF your race, religion, national origin, gender, disability, pregnancy or because you are over 40, don't waste your time trying to file a complaint with the EEOC. The EEOC only deals with issues of illegal discrimination, and nothing in your post suggests that this is the case.

    You can call the state DOL or a local attorney and see whether or not they think you have a case for detrimental reliance, but in an at-will state, that may be a long shot. It is not illegal or a source of legal recourse for an employer to be guilty of bad management.
    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.


    • #3
      What about enforceable promise? Or promissory estoppel? Prior to terminating my position with the other company, the Branch manger told me that there were 5 Loan Officers in place producing enough loans for me to process. On my first day there was only one LO and she was a newbie. I was told that I would be processing between 10-20 loans per month. I quit my contracted position to take this one based on a "verbal" promise.



      • #4
        The issue is whether you have a civil claim for detrimental reliance; that is, that you relied on promises the employer made to your detriment. You'll need to discuss that with a local employment law attorney.


        • #5
          I spoke with an attorney and was informed that they were in the wrong. I sent an email to the VP regarding detrimental reliance and promissory estoppel; his response was "how much" and are you willing to sign a release stating that you won't sue. He said that he was taking it to the President of the company.

          Thanks for your help!


          • #6
            I received a cashier's check on 10/1 in the amount that I requested. The lesson that I learned from this experience, is to never think that you are defeated, stand up for what is RIGHT


            • #7
              What you need to remember, however, is that "wrong" doesn't always mean "illegal". Many companies will settle, even if they have not violated any laws, because it's cheaper than litigation.

              In any case, congratulations and good luck to you.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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