Legal Question in Employment Law in Illinois

Do I have a legal leg to stand on. I was promoted to interem sales manager for 5 months. The HR papers said the postion would go through 10/31 and then I would go back into the field as a rep after that time. Oct 22/10 my boss contacted me by phone offering me a field sales position or the opportunity to stay as a DM. I chose to stay as a DM. My promotion to full time DM was anounced on a nationwide conference call 11/3/10. Today Dec 16/10 I get a call from my bosses boss who tells me I have to go back in the field and give up my DM position and to fire the guy who currently has the field position. He claims that is what the HR papers say re the 10/31 deadline. I remind him of the call with my boss (who was recently fired) and the anouncement on the nationwide conference call. He denies knowledge of both. He claims the proper HR channels were not followed and I was not officially promoted. So now, I have to go back into the field.

Q: Is this legal? What are my options? Funny how they "ignored the HR document for almost 8 weeks and I continued to carry on as a DM. I was completely blindsided today. Sounds like I have to give up the job I am currently doing, take a reduction in pay, and be penalized for someone not going through the proper channels to make my promotion legal.


Asked on 12/16/10, 7:09 pm

1 Answer from Attorneys
Stephen Messutta

Can't say, but there are a couple of good things: apparently the company is large enough so that it has an HR department -- that means there are some work rules and some structure to the company - they can't establish rules and then break them. Also, you have some documentation. Finally, they may be large enough that if they screw up internally you may benefit. HOWEVER if you don't play this situation out correctly, you may simply wind up being fired too..... This is too complex and tricky to answer in this kind of electronic forum. Please see a labor law attorney at your earliest convenience, and make sure you bring with any employee handbook, etc. you may have.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 12/23/10, 12:21 pm


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