If I got hired for a job position in which someone was on a medical leave of absence but they came back to work and took my job, what can I do?

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If I got hired for a job position in which someone was on a medical leave of absence but they came back to work and took my job, what can I do?

When hired for the position I was never told someone was on leave of absense. The job was offered as a permanent job. I was currently working for the same company at a different store and was approached by and borderline begged by management at the new store to take the position. I took a pay cut from my previous position because I preferred the nature of work and schedule of the new position but now I am stuck with that pay cut and not the position. My schedule is not even close to the same. Myself and the other employee were never sat down by management to resolve the issue, instead they just had us both show up to work for the same shift the same day and eventually started putting me in different departments around the store. Is there anything I can do to get my job back or sue the company?

Asked on August 8, 2016 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there isn't really anything you can do, unless you had a written employment contract for the new position--if you did, that agreement is enforceable. However, when there is no contract, all employment is "employment at will" which means, among other things, that the employer has free discretion to adjust schedules, determine who has what positions, to relocate employees from one store or location to another, set (or change) pay, etc. They can legally do what they did.


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