What are my rights if I was supposed to be transferred but now the transfer has fallen through and my old position has already been filled?

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What are my rights if I was supposed to be transferred but now the transfer has fallen through and my old position has already been filled?

My employer told me that I was getting transferred to a better paying position and gave my old position to another employee. However, later my employer tells me that my transfer is not available and now I am left without work. What can I do?

Asked on January 17, 2016 under Employment Labor Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Do you have an employment contract or union agreement that affords you some protection in this situation? Is this action in violation of company policy? Is your treatment due to some form of actionable discrimination/retaliation? If not, then I'm agraid that your loss of hours is legal. Unfortunate but legal. The fact is that an employer can set the terms and conditions of employment much as it sees fit. This includes who gets scheduled to work and who does not.


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