Legal Question in Employment Law in California
management tasks without title
I've been working for the same company for 2 years, durring that time my abilities have been used to their full extent, and I've been given a full run of tasks that, as my supervisor has even state, have never been the job of someone with my title in the past. I've been promised management, my name schedule is written on the management schedule, and I spend all of my working day split between stock work and management work, at least half of the time I do management work, yet I don't have the management title or pay. I'd been informed in the past that it was due to not needing another manager at this time, however, the store director in the grocery store I work for is in the process of creating a new management spot because the store is expanding, however I have not been considered for the position, he has opted to instead hire a personal friend of his from outside of the company for the job. Do I have any recourse if I want to stay with the company rather than seeking alternative employment?
1 Answer from Attorneys
Re: management tasks without title
You do not have to choose between asserting your employment rights and quitting. That said, companies can and do act illegally -- and your recourse then would be to file a lawsuit for wrongful termination.
I am assuming there is no union contract at your store -- (otherwise, I can't see how the mgr. would be able to get away with that. if there is a contract, you should file a grievance.)
You may have a case for discrimination, depending on the races, nationalities and sexes of the parties involved. Your argument would be that you are at least as qualified as the person being hired, but you have not been hired because you are being discriminated against. Feel free to email me off-list. Good luck.
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