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Transfer of be fired

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porbitt

Junior Member
What is the name of your state (California)?

I work for a retail company as a part time assistant. I was recently contacted by my District Manager. He stated that in order to keep my job I would have to transfer since my position is being eliminated. A fellow co-worker who also holds the same positioin as I put in her two weeks. She was planning on moving to another city but her plans have changed. She contacted the DM and asked for her job back and he said that she is allowed to keep her job and position. She told me that since he likes her he will pretend that her two weeks did not exist (she did not know that he was trying to transfer me when she told me this). If the position is being eliminated completely, then why do I have to transfer or lose my job when she can keep hers. There also a co-worker there that he likes and is trying to promote her and she has refused to relocate and will only take a promotion withing our store. I feel like I am being discrimated against and being bullied and lied to by my DM. The fact that he is trying to make me transfer, quit or fire me so he can promote the other associate. Is this legal?
 


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Antigone*

Senior Member
porbitt said:
What is the name of your state (California)?

I work for a retail company as a part time assistant. I was recently contacted by my District Manager. He stated that in order to keep my job I would have to transfer since my position is being eliminated. A fellow co-worker who also holds the same positioin as I put in her two weeks. She was planning on moving to another city but her plans have changed. She contacted the DM and asked for her job back and he said that she is allowed to keep her job and position. She told me that since he likes her he will pretend that her two weeks did not exist (she did not know that he was trying to transfer me when she told me this). If the position is being eliminated completely, then why do I have to transfer or lose my job when she can keep hers. There also a co-worker there that he likes and is trying to promote her and she has refused to relocate and will only take a promotion withing our store. I feel like I am being discrimated against and being bullied and lied to by my DM. The fact that he is trying to make me transfer, quit or fire me so he can promote the other associate. Is this legal?
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You have said nothing to indicate that there is anything illegal going on.
 
S

swalsh411

Senior Member
porbitt said:
If my position is being elimated completely, then why do I have to transfer in order to keep my job
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Because the employer said so

porbitt said:
So your saying it is legal to tell someone that their being fired for no apparent reason so the company can offer the job to someone else who refuses to transfer?
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Entirely legal.

Your options are either accept the transfer, refuse and risk termination, or find another job.

Employees work at the direction of the employer. They do not get to decide, where, when, and in what capacity they work.
 
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spallanzani

Member
It is not illegal to be a jerk. You could legally be fired for wearing polka dot socks or driving a Mazda or laughing too loudly.
 
P

porbitt

Junior Member
Antigone*of*Greece said:
You have said nothing to indicate that there is anything illegal going on.
Click to expand...
If my position is being elimated completely, then why do I have to transfer in order to keep my job when my fellow co-worker decided to quit and since her plans have changed she can keep her job which is the position being eliminated. He is telling me the position is being eliminated but it is given to someone else if I choose to transfer, quit or am fired. Why am I being threatened with termination if I choose not to transfer. Why is the other associate not threaten with termintation because they refuse to transfer. Instead I am the one being bullied so they can promote the other associate, that does not sound legal at all. So your saying it is legal to tell someone that their being fired for no apparent reason so the company can offer the job to someone else who refuses to transfer?
 
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commentator

Senior Member
The only right you have, since your position is being eliminated, is to file for unemployment insurance while you are looking for another job. It is not illegal for them to eliminate your position, terminate you and give the job to someone else, or tell you to leave, no notice, no nothing.

You, on the other hand, have the right to quit at any time. Not much cosolation. But in any case, what you can do is, above all, do not "hand in your notice" but tell them you do not want to transfer, if you don't, and immediately, file for your unemployment insurance. This is your only recourse. If they don't offer you a transfer, and your job ended, file immediately for your unemployment insurance. This is your only, repeat, only recourse. As someone once said, you can be terminated for wearing the wrong color socks. However, if they don't have a misconduct reason to terminate you, you can receive unemployment while you are looking for another job.
 
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