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Demotion as Constructive Discharge — wrongfully accused of misconduct

Started by help_me_worker_GA · May 12, 2024 · 2,297 views · 14 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
HM
help_me_worker_GA OP

I'm dealing with a situation and need some guidance.

wrongfully accused of misconduct. I've been dealing with this for about 15 weeks now and the situation isn't improving.

I have worked at this company for 2 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

Am I overthinking this or is this a real legal issue worth pursuing?

AF
asking_for_friend_trader_FL

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

EM
EmploymentLaw_Mike Attorney

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

The legal framework here involves both federal and state law. At the federal level, the FMLA. Your state may provide additional protections.

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

CD
confused_driver_CO

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.

TP
throwaway_parent_today

NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.

AF
asking_for_friend_parent_WA

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

LT
LandlordTom_TX

Been there. Here's what I learned.

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

CA
CorpCounsel_Amy

Been there. Here's what I learned.

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

RE
RemoteWorker_EU

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

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

ES
eComm_Seller_2022

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

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

NL
NursePractitioner_LA

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.

WH
worried_homeowner_FL

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

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.

TP
throwaway_parent_NC

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

FS
frustrated_student_GA

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

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