What to do about my discharge if all requirements of a promotion were not explained to me?

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What to do about my discharge if all requirements of a promotion were not explained to me?

After working in a wage position for seven years, I accepted a promotion into a managerial (salary) position about yar ago. All I was told were what my new duties and responsibilities would be, and as I found them fine, I accepted the position. Them several months later, I was laid off and never offered a return back to my old position or elsewhere in the organization because according to my boss, “My position was given to me based on us making $200,000 per month”. That requirement (or any budget requirement) was never mentioned to me when I was offered the position, and if it was, I would have declined the promotion. Therefore, I feel I was lied too. Do I have legal recourse?

Asked on January 9, 2013 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, unless you have a written employment contract, you most likely do no have any recourse:

1) With an employment contract, you can be terminated at any time, for any reason--including not meeting targets not previously explained to you.

2) You had no right to decline a promotion: your employer could have forced to take the promotion even if you did not want it. Not having a right to decline it, you have no cause of action for having accepted it.

Remember: all employment is employment at will unless there is a written employment contract.


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