[retroj]

I was wrongfully terminated about 2 months ago. The proper steps of my companies "Progressive Discipline Policy" were not followed as well as my Supervisor forged documents to try to support his case.
I was told yesterday by HR rep assigned to my case that I was going to be reinstated back to my old position, with back pay.
Today I was told by the HR rep assigned to my case that after talking with my department that they are going to Reinstate me into a different Position.
I do not wan't this Position they are offering, even though it is the same pay. They Responsibilities of the New Position are not challenging to me, and chances of Future Opportunities will be severely limited to my last position.
It's obvious that my Supervisor has a personal problem with me coming back so he wants to move me.
Can they Force me into a "Take this Position or Leave it Scenario"?
Thanks for any help.

[smoothy]

Are you in a Union and/or have a well written labor contract in effect?

If no you are an AT-WILL employee... and they don't really need a reason to get rid of you. They are spelled out in the EEOC act... and they are VERY specific.

There are very few reasons they would not be allowed to fire you... so far you haven't given any legal reason why they couldn't.

All they have to say is we don't like you... and there is nothing you can do. At least you would still have a job... it is after all THEIR company... you are only an employee who is there at their will to terminate you.

Long answer short... yes they can do that... you can be the best employee in the office.. but if your superior doesn't like you and the HR department backs them up... that's all the reason they need under the law.

Incidentally... they don't legally HAVE to follow their own procedures... they can change them at will and as long as they don't make provisions that violate labor laws... they can implement them at their will, because they are nothing more than policy... not law.

Time to start looking for another job... if you think its bad there now... just wait until you see what happens if you try to fight them. You are in a no-win situation... basically between the proverbial rock and a hard place.

Sorry if that's not what you were hoping to hear... but that's life. I assume you haven't had many jobs.

[BARBARAKT]

What was the reason for discharge? Where you supplied a employee handbook? Did it refer to "Employment at will"? Did it have a discharge policy also, if so it mitigates the "Employment at will" protection afforded to employers. How many employees do they have?