What should I do if I think that my employer is tying to get rid of me in order to make room for their friend?

My company has started a new woman in a new made up position over our director, then pushed her out. This new boss is slowly bringing in her friends from her old place of employment. I have been at my position for almost 12 years. Last year was given highest marks on my review. Get back from vacation last week and was told I will no longer be in that position, I will now switch with her friend that she brought in, in a lower position. This position was never there before, it was made up for this friend. I am thinking they are going to let me go for a bit and then say, well they don’t need to have this position any longer.

Asked on March 3, 2016 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You may have no protection here. First of all, someone can be given preferential treatment in the workplace, even if it is an another employee's expense. The only time such treatment is unlawful is if it constitutes legal discrimination. This means that no one can be treated differently due to their race, religion nationality, gender, age (under 40), disability and, in some states, sexual orientation. The fact is that in an at-will employment relationship, a company can set the terms and conditions of the workplace much as it sees fit. This includes who to hire, who to fire and why. In fact, you can be demoted/terminated due to being replaced by the boss's friend, or for any reason, or for no reason at all. Therefore, unless this action is against company policy or violates a union agreement or employment contract, it is perfectly permissable under the law.


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