I worked for this coorporation for the last 10 years. I always have excellent preformance, excellent attendance. Never missed my sales goals. Never called out.
A new executive for the brand I manage, joined the company. I have to mention that this executive is the vendor of the brand I am in charge for, so she is not hired by my company but by the vendor . I shared with her my desire and intension to get promoted as per my experience and performance. And I sent her my full resume. After I did that , she expessed in every way possible that she does not want me to lead her team. Throwing on me all kinds of stressfull tasks . By the end of the year, I started having blood pressure problems that led me to the emergency room a couple of times and a doctor note to stay home for recovery only few days. I came back to work to discover that my company is firing me for attendance. I argued that that is not right because before my illness I had excellent attendance and I have doctor report to explain my tardy/ absence. In just 15 minutes, they rehired me and told me to go back to work. I totally lost it this minute and I begin to bleed from my nose and to shake so they asked me to go home for the day. I wanted to drive myself to the hospital but I felt daisy so I called the parametic on the free way and I baired the expensis. I later asked them if I can get reibursed because it was an injury at work and I did not get help when I was disoriented. They diclined in a letter.
After that my manager convied to me that the executive of my brand / the vendor does not want me to manage her team. I declined moving from my position and I stood strong because I was over my goals by 19%. My vendor executive continued to harrase me and putting the pressure on my company to demote me.
By March this year, the company gave me an offer to work for another vendor and keep my same pay. I accepted because I am not losing any thing in my pay. I signed the transfer papers with the same pay but I did not take a copy for myself.
It is been 5 weeks in my new job and my pay is less then what they promised me.
They do not denie it but they are saying they is been a mistake and they are correcting it. But they have been saying that for 5 weeks now. What is my legal stand in all that?

The company structure is confusing here. But frankly, at the level you appear to be at, your reactions to adverse conditions are over the top.

I would be looking for a new job before you do get terminated.

As to them not paying you do you get paid a salary or commission or what? If you are not getting the salary you were promised go to HR, if you don't get satisfaction there, you may have to file suit.

You want to keep your job or do you want to fight it and sue them. You appear to have above normal stress from the job, Management is stressful and getting stabbed in the back is just a way of life in corporate world. You made first major mistake by trusting someone new that just came in. This is one of the major rules in the corporate world, not to trust anyone,

At this point it is lucky to have a job, you may sue, ( but you have no proof unless someone has given you an agreement in writing) You may go and talk to HR and ask them who this happened ( someone had to sign to lower your pay for payroll to change your pay)

But you are on very thin ice anyway, lucky to even have a job, so if you cause too much trouble you will be unemployed with a poor record since you were not able to handle the stress.

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Originally Posted by Fr_Chuck

You want to keep your job or do you want to fight it and sue them. You appear to have above normal stress from the job, Management is stressful and getting stabbed in the back is just a way of life in corporate world. You made first major mistake by trusting someone new that just came in. This is one of the major rules in the corporate world, not to trust anyone,

At this point it is lucky to have a job, you may sue, ( but you have no proof unless someone has given you an agreement in writing) You may go and talk to HR and ask them who this happened ( someone had to sign to lower your pay for payroll to change your pay)

But you are on very thin ice anyway, lucky to even have a job, so if you cause too much trouble you will be unemployed with a poor record since you were not able to handle the stress.

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Thank you for your reply.
I am actually going to sue them for few reasons:
- my wages are not correct for the past 5 weeks and I have financial harship because of that.
- trying to fire me while I had doctor note and delaying my pay for one week.
- the rataliation of my manager just because I asked for a promotion and in the other hand I have been exceeding my goals and I have excellent records.
- I was discriminated against and my manager mentioned that my accent is getting in the way of my career growth .
- he also mentioned to me that he is surprised I am making more money then him.

So if you are wondering who signed a lower pay for me. I am also wondering because my HR manager is insisting that it is just a mistake and they are in the process of correcting it.
Meanwhile I am still doing great at my work and I am one of the top producers. I am only fighting for my rights and I want equal opportunity as per my experience and my performance.

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Originally Posted by Amyss

Thank you for your reply.
I am actualy going to sue them for few reasons:
- my wages are not correct for the past 5 weeks and i have financial harship because of that.
- trying to fire me while i had doctor note and delaying my pay for one week.
- the rataliation of my manager just because i asked for a promotion and in the other hand i have been exceeding my goals and i have excellent records.
- i was discriminated against and my manager mentioned that my accent is getting in the way of my career growth .
- he also mentioned to me that he is surprised i am making more money then him.

..

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First, if you sue, you can forget about keeping the job. Yes I know they can't retaliate, but it can be done in so many subtle ways, it will happen.

-If they claim it was an error and correct, that ground goes out the window.
-Having a doctor's note is not protection unless it details a protected disability or you are on FMLA.
-You are going to have a very hard time proving that retaliation
-Doesn't sound like legal discrimination
-So?

Have you consulted an attorney about this? I suspect when you do, you will be told how tenuous a case you have.

What country are you in?
Paying you less than the written agreement is clear enough.
But medical leave is not a right unless written in company policy.
You were not injured on the job when your nose bled unless your nose hit something. Stress is not a job related injury.
You should review company policy about sick time carefully before suing.
As others have warned, you could be out of a job soon.
Suing is expensive, takes forever, and you may lose.

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Originally Posted by Amyss

a new executive for the brand i manage, joined the company. i have to mention that this executive is the vendor of the brand i am in charge for, so she is not hired by my company but by the vendor . I shared with her my desire and intension to get promoted as per my experience and performance. and i sent her my full resume.

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This could be considered a form of pirating and you very well could lose your job over that.

First paid less for 5 years, the court will ask why you did not say something day one ? Do you have proof you did, and at some point you have accepted it. Unless contracts are in writing and you have a copy there is no contract to the court. A firm unless the contract is in writing and for a specific time, can change your rate of pay anytime they want.

I see you, if you sue, out of a job, fairly well black listed in your industry for doing this no job reference. So if you can not barely live on your "lower pay" how are you going to live with no pay. Even if you sue, a law suit can take 5 or more years though the courts,

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Originally Posted by Fr_Chuck

First paid less for 5 years,

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5 weeks Chuck.

Quote:

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Originally Posted by Amyss

a new executive for the brand i manage, joined the company. i have to mention that this executive is the vendor of the brand i am in charge for, so she is not hired by my company but by the vendor . I shared with her my desire and intension to get promoted as per my experience and performance. and i sent her my full resume.

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I'd fire you for this alone.

Thank you for your reply.
If it is an error and they will correct it soon that is fine with me. But if it will continue to the next pay check that will be the 6th week and I would ask the labor office to help there. Don't you agree?

It is a financial hardship and I got bills to pay.

As far as my manager's discrimination goes, he committed few verbal mistakes and if he continues with the same manners, I will have to seek legal advice. Don't you think?

I am actually on FMLA. But I would like to clearify also that the first time I went to the doctor, I was actually at work and I had severe uncontrolled symptom and the manegement let me go in this condition in the middle of my shift so I drove myself to the emergency room. Then the doctor wrote a note to stay home for a couple of days. Later that week, my manager informed me that I was fired but when I battled the action, he called HR and they put me on FMLA as per the doctor report.

I need to also mention that my illness did not affect my performance . And I am considered one of the top produceres in the company.

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Originally Posted by ScottGem

First, if you sue, you can forget about keeping the job. Yes I know they can't retaliate, but it can be done in so many subtle ways, it will happen.



-If they claim it was an error and correct, that ground goes out the window.
-Having a doctor's note is not protection unless it details a protected disability or you are on FMLA.
-You are going to have a very hard time proving that retaliation
-Doesn't sound like legal discrimination
-So?

Have you consulted an attorney about this? I suspect when you do, you will be told how tenuous a case you have.

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You have repeated information about the medical leave and the form you signed but didn't get a copy of, but have failed to address the fact that you gave your resume to the outside vendor who became your boss (and it was a very unwise thing to do). As has been said, that could be grounds for termination, especially if you signed a non competition agreement. It may be the whole reason why she has been so hard on you. You may end up with 6 weeks of pay difference, and be terminated. An employer can find any number of reasons to fire someone, and I have a feeling that you think the law protects you more than it really does.

A company can tell you that an accent gets in the way (also how you write). But I don't think it's that, because you say your sales goals are good.
And even if you had not violated any company policy by giving your resume to the new boss, I suspect that that is the crux of the matter. Suddenly you want more, you ask the wrong person outside of normal channels, your wages are revealed to your manager who makes less, and the plan is to get rid of you. I think you think you have more protection under the law than you really do, sorry. A lawsuit is going to cost you money you don't have. At best you will get your back pay.

Yes you need to decide if unemployment checks will pay your bills or do you need to keep this job till you find another one. Sorry you are not going to find much protection under the law, esp since you have no proof at all, no evidence to support this. Unless you can get written copies of everything. Perhaps go to HR and ask to review your file, if they are in there, get copies, if they are not in there, they don't exist to the company.

Get another job before you start suing the company, Once you sue, they will find many reasons to fire you. Happens every day.