Legal Question in Employment Law in Washington
Favoritism or something else
I have been asked by my company to give up the V.P of regional sales postion for a newly formed position in another part of the company with 80% less staff. The individual they are looking to move into my position has no experience in my area of expertise. I have been the number one producer in my sector for the last 11 years. I am 47 years old and I don''t want to accept the new postion. What are my rights?
2 Answers from Attorneys
Re: Favoritism or something else
The prior answer generally applies in Georgia as well. There is no general "right" to a job of your choice, and the employee generally does not dictate to the employer what he/she will do. They pay the bills. Exceptions are illegal discrimination (age, religion, gender), and the terms of any contract in force.
Re: Favoritism or something else
I notice you do not have a Washington zip code. I assume you posted this as a Washington question intentionally for some reason, but I will mention that I am only licensed to discuss that law as it would apply in Washington. However, some of my answer concerns federal law, which would also apply in the other states.
In Washington (and in most other states), employment is at will, so your employer can change your job description, or even dismiss you, for any reason, so long as it is not an illegal reason.
However, if you have good reason to believe that you are being moved to a less favorable position because of your age, that would be an illegal reason. If you believe that is the case, you may want to talk with an attorney who handles employment discrimination cases. You can also talk with the EEOC.
If you are in Washington State, you could also speak with the Washington Human Rights Commission, the agency that enforces the State anti-discrimination laws. If you are in another state, that state may also have an equivalent agency. However, you are better off to start with an attorney, as working with the agencies is often not effective, but is required in some states, and an attorney can give you the best guidance about whether the details of your case would support a claim to enforce your rights, and how best to go about that.
Good luck.