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Questionable Demotion & Pay Reduction Georgia

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  • Questionable Demotion & Pay Reduction Georgia

    In efforts to put all the facts out, my story is very lengthy so please bear with me. Thank you in advance for your time/responses!

    I started with the company as a 90 day temporary employee. During that time there were verbal altercations between myself and the Shop Supervisor at the time. None of which added up to more than an exchange of a few words and then we would disburse. I never worked for/under him so it could never be deemed as insubordination with risk of any disciplinary action. With that said it was obvious to management that there were serious personality conflicts between he and I.

    At the end of the 90 day period I was given the Operations Manager position. In turn, that made me his superior. Sure enough, as soon as I took over I had insubordination problems, and two separate HR complaints were filed against him from more than six employees. Pack that on top of the fact that I personally gave him three negative counseling statements in the year and a half that he worked under me plus the one he attained from the manager before me. In my opinion I would think that would be ample grounds for termination. But it never happened. My superiors somehow always circumvented me behind my back to keep him around. All the while saying that it was just personal between he and I since there was such a severe personality conflict.

    It had gotten so bad that I was threatened by my superior, that if I was to say anything else about him we were both going to be fired. The really bad part is this though. He said that in front of myself and this particular employee. Consequently, from that point on it was impossible to manage him and things continued to get progressively worse. In lieu of these factors I always dealt with him as if I were "walking on eggshells" since I was deathly afraid of losing my job in this very bleak economy.

    I finally had enough of my superiors threating me, telling me it was personal, and them not supporting my decision to remove him from the workplace. So I started keeping a log of every act of insubordination or deviation of company procedures so I could take it straight to the Director of HR instead of my superiors.

    It just so happened though that I didn't need to do that. As the day finally came where one of my employees that reported directly to him came to me with a written complaint about a derogatory remark that my Shop Supervisor said about his significant other. At which time I bypassed my chain of command for obvious reasons and went straight to the Director of HR. Not to mention it was standard operating procedures to do that with HR complaints anyways. After that I immediately called my superiors and told them what happened and what I did to resolve the situation so they weren't blindsided by the Director. They were so displeased that they both verbally reprimanded me over the phone and hung up stating that they would deal with me when they came into town.

    There was a HR investigation that lasted two weeks, of which I had no involvement in, which to me seemed inappropriate since I was his manager. Nonetheless, the day came that he was called into an office one morning with the Area Vice-President, Regional Operations Manager, and District Manager (my boss) for a meeting. The results of which were his termination.

    Here is the real humdinger and root of my problem. Approximately 30 minutes went by and they called me in the office with them. And I was given two options...leave my seat as the Ops Manager and take a position in the shop as a Technician, not even the Shop Supervisor, or hit the road! I tactfully confronted them in regards to this stellar proposal and asked why? I pointed out the fact that I had been written up only once in two years and I couldn't comprehend their decision since there was not a shred of documentation to substantiate such a decision. Well while I was questioning their decision the Regional Operations Manager started yelling at me for no apparent reason. Telling me I just needed to watch it! In the end, due to obvious economic reasons, I took the demotion and approximately 25% decrease in pay while sitting there. What astonished me the most is this. The demotion and reduction in pay never came with any explanation/written counseling at all. And to top it off ALL three of them gave me and emphatic apology and said they would never put me in that sort of predicament again!

    That demotion has caused me such terrible duress that I have had to take FMLA & STD to seek psychiatric care. Is there anything legally that I can do about this?

    Kind Regards,

    DarKnighT™

  • #2
    I am reluctant to post on this thread, but I am throwing caution to the wind.

    I see nothing that your employer has done that is illegal. I know you felt as though you were doing the right thing by going to the HR Director, but since you had previously received a warning regarding the issues with this employee, you may have been wise to ask the employee to go over your head and directly to the HR Director himself.

    It may not be "company policy" and it may not be the way you wanted things to be done, but ultimately it would have kept you out of the mix (as previosuly warned).
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

    Comment


    • #3
      As the Operations Manager it is my responsibility to report that and not shuffle it off. Regardless of any threats made. I can't be afraid to do my job because someone wants to be a "bully" about a certain situation. Even if it is my boss being said bully. He knows that it is very much company policy as well as I do to report situations such as that directly to HR. So I can be held at no fault regardless of his previous threats.

      For example, if he didn't take it to HR and then there was another incident between the two of them that lead to more drastic outcomes and they ask him why didn't you go to your Ops Manager. Then of course he says that he did and "BOOM" i'm out possibly facing legal actions because it appears that I tried to cover it up. Perception is the key to reality in that respect.

      Now bear in mind that the situation above is completely hypothetical...but being a manager is about covering all angles to protect not only the company but your own arse too! Maybe the Army gave me to much of their 7 Army Values, an acronym most commonly know as LDRSHIP!

      Loyalty
      Duty
      Respect
      Selfless Service
      Honor
      Integrity
      Personal Courage

      I am very gracious for your post so please don't take that the wrong way. It is completely understandable that you have to know what battles to fight, but when it comes to taking care of my employees I will put my neck on the line to ensure that they are taken care of. Case and point...They are the ones that take care of us!

      Regards,

      DarKnighT™

      Comment


      • #4
        I have to agree with CatBert that nothing illegal was done by your employer.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Originally posted by Betty3 View Post
          I have to agree with CatBert that nothing illegal was done by your employer.
          That must have been hard on you to say Betty...just kidding

          DarkKnight - while I can appreciate your desire to fight for the little guy I must ask (also not intending to be harsh) How'd that work out for you?

          Foresight is 20/20, but knowing that your superiors were upset with your relationship with this other employee, going to the HR director yourself, although "the right thing to do" has gotten you into a situation that is seemingly unfair, but not illegal.

          Had you advised the employee to go directly to HR, perhaps your superiors would have recognized that you were following their direct instructions.

          Regardless, good luck in your career and future.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

          Comment


          • #6
            I'll just chip in here. Not everything that is unfair is illegal. Basically, there are other ways you could have handled this. No one is suggesting you ignore problems but you also need also means knowing how to try and correct something without creating more dissention.
            I find that the harder I work, the more luck I seem to have.
            Thomas Jefferson

            Comment


            • #7
              Originally posted by CatBert View Post
              That must have been hard on you to say Betty...
              If you only knew (kidding).
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Originally posted by Morgana View Post
                I'll just chip in here. Not everything that is unfair is illegal. Basically, there are other ways you could have handled this. No one is suggesting you ignore problems but you also need also means knowing how to try and correct something without creating more dissention.
                There are many ways to handle every situation...but only one correct way. In this instance it was to follow standard operating procedures. Which I did.

                With that said I now ask you this. Can ya'll not see through the development of the story that there were obvious attempts of favoritism towards this employee? Don't believe that I have to be affiliated with any bar/legal association to know that type of behavior in a work environment is illegal. And that favoritism is exactly what took everything away from me. My apologies if I wasn't clear or concise enough to convey that.

                Thank you all for your posts and, please don't take my straight forwardness to heart...that's just the way I was trained!

                Comment


                • #9
                  I am by no means sure I agree that there is only one correct way to handle any given situation.

                  Do you understand that favoritism is not, in and of itself, illegal?
                  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.

                  Comment


                  • #10
                    Originally posted by cbg View Post
                    I am by no means sure I agree that there is only one correct way to handle any given situation.

                    Do you understand that favoritism is not, in and of itself, illegal?
                    It is my belief that there may be several different solutions to any given problem. All of which give you the desired effect, however the "right" way is the way that is most proficient and that does not deviate from the procedures.

                    I do understand that about favoritism. I'm unsure, but I believe that Veterans are an organization that are protected per your post below on another forum. If in fact it is the same "cbg" posting there. If not I apologize, but this helps show my point.

                    Comment


                    • #11
                      What that means is that you cannot receive adverse treatment BECAUSE you are a veteran. It does not mean that you have guaranteed, across the board protection from any kind of adverse action.
                      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.

                      Comment


                      • #12
                        Originally posted by DarKnighT™ View Post
                        The demotion and reduction in pay never came with any explanation/written counseling at all.
                        Are there any recourses from this angle? Or is that just "unfair" as well?

                        Regards,

                        DarKnighT™

                        Comment


                        • #13
                          None of that is required (unless you would have a binding employment contract or CBA to the contrary). Sorry.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment

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