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Wrongful Termination

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Donna Graham

Guest
In early June I was offered the position of Service Manager at an automotive dealership. This position required the moving of my family approximately 200 miles from a major metropolitan area to a small rural area. No relocation expenses were paid or offered. I was assured by my supervisor (not an onsite supervisor) that his would be a great opportunity based upon his knowledge of my previous automobile dealership experience. The priorities given to me were to 1) change the previous dealerships service reputation, and 2) to gain the communities/customers confidence and satisfaction with their service experiences at this dealership, 3) to streamline and upgrade the operations and personnel in the service area, both at the service desk and technician staff. After I was managing for 45 days the service department productivity had taken a definite upturn and I was congratulated by not only my supervisor, but also upper management in other departments for my good work. In the proceeding 30 day period the focus of the service department was shifted towards achieving and incentive goal/projection which was determined by my supervisor and posted. Due to the absences of technicians due to vacations, schooling, etc the goal was unachievable and therefore not met.
Immediately there after I became concerned about my new position. During this time my former property was being sold and my wife and children were in the process of relocating to where I am. I began having more conversations with my supervisor about my progress and the direction of the service department. On many occasions my supervisor informed me that my job was secure. My main concerns with my job security revolved around the restrictions placed upon me that were not commonly placed upon service managers which impeded my ability to perform my job duties.
Basically, I was hired to be a service manager and to specifically fix” other service department problems. Every time I attempted to perform the duties I was hired to accomplish, another employee (female) who worked for me would call my supervisor and “tattle”. My supervisor was told many untruths from this person. My supervisor would call me at the dealership and confront me about what this individual had contacted him about. Even though the circumstances that arose were well within my authority as service manager, I was being second guess by this individual and my supervisor would constrict my management powers even more, even though I was correct based upon factory guidelines. My supervisor would come to the dealership for approximately one to two days per week. I would routinely discuss with him difficulties that I was having in being able to perform my duties especially with respect to the aforementioned individual and the existing restrictions in place. My supervisor assured me that both he and the owner of the dealership were aware of the personality of this individual in question and that “this persons job is not as secure as she thinks it is”. I was then assured that I was doing a satisfactory job. As time when on, my supervisor conveyed to me that my priorities had to be shifted towards producing more income from my department. Although during the month of October, I lost three technicians and a service assistant, more income was expected to be produced. A written warning was given to me based upon a technicality of not putting a promise time down for completion of a customers vehicle. Also discussed, but not written were low hours per RO average. Also during October, I was informed by another dealership that my supervisor was looking for another service manager. I immediately inquired to my supervisor as to the validity of this rumor. He assured me that it was miss communication as one of our sister dealerships in another town needed a service manager. On the 11th of November I was taken into the parts managers office and terminated. The reasons given to me were low hour for RO average, poor factory CSI scores (scores are posted 3 months behind), and technician productivity had not exceeded 100% since I had been there. All three of these reasons are inaccurate. I made no protest and left the dealership. Do I have legal recourse? I have called an employment attorney who referred me to a civil rights attorney. I was also told that this would cost about $150.00 per hour. Since I am unemployed , have no other source of income, have recently purchased a new home and haven’t yet fully completed my move to this community, $150.00 per hour is not feasible. Can you help with recommendations and advice?

Thank you,
Mark in rural Colorado
[email protected]

 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

As IAAL always suggests, please make this posting a bit shorter. Keep the facts short and to the point. There are a lot of postings here and sometimes long postings can be very confusing.

Keeping it short will actually help you clear it in your mind, too. It will show you the important points and the not so important points.

Thanks, we look forward to your post.
 

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