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Demotion as Constructive Discharge — competing offer triggered retaliation

Started by need_help_business_owner_question · Dec 27, 2024 · 1,421 views · 13 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NH
need_help_business_owner_question OP

Looking for advice on a legal issue. Here's what happened.

competing offer triggered retaliation. I've been dealing with this for about 4 weeks now and the situation isn't improving.

I have worked at this company for 3 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

Do I have a strong case? What should my next steps be?

EM
EmploymentLaw_Mike Attorney

I specialize in this area of law. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under OSHA regulations. The standard is whether a reasonable person would find the conduct a safety violation.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

LT
LandlordTom_TX

I've seen this play out several times in my field.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

CM
ContractorMike_CA

Not a lawyer, but I have direct experience with this.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

NL
NursePractitioner_LA

I've dealt with this before.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

WS
worried_student_GA

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

CH
confused_homeowner_GA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

NH
need_help_freelancer_2023

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

NR
NurseUnion_Rep

I went through almost the exact same thing.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

IG
InsuranceGuy_FL

Been there. Here's what I learned.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

ND
newbie_dev_question

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

CA
CorpCounsel_Amy

Been there. Here's what I learned.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

MA
MusicProducer_ATL

Been there. Here's what I learned.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

TC
throwaway_contractor_question

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

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