January 6th, 2009
Ok so my girlfriend worked for a large corporation at one of their retail outlets, last fall she began work there as a sales representative and then in february was promoted to Manager, her first few months went ok but then her boss started harping on her because the paper work wasn't being done properly (she had never had any manager training and was learning on the go, her boss - regional manager, had not even visited the store since she was promoted.) anyway after months of working to improve and then him finding new things to complain about (still no training whatsoever) he decides to 'demote' her. Now this demotion comes the last day before the end of the quarter and had she worked as manager until the end of the quarter she was entitled to a $2000 bonus... after being demoted her boss asked her to do a lot of manager duties still including firing someone. She replied that it wasn't her job anymore, he fired her a few days later saying she wasn't showing initiative. She did get her 2 weeks severance pay but we are wondering if
!. She is still entitled to her bonus pay because she was only demoted 1 day prior to the end of the quarter, and was in fact fired a week later, seemingly a constructed situation so they could avoid paying her the bonus and pay her less in severance due to the decrease in pay.
2. Is there anything else we can do about this as this certainly seems unfair and unjust.You are never "entitled" to a bonus. That is at management's discretion. But you are probably right that the timing is no coincidence. Shabby treatment from the employer but not illegal.No there is nothing you can do.unfortunately, i don't think she is entitled to her bonus because she was not a manager at the end of the quarter and i also don't think there's anything that can be done because they can prove a history of having to reprimand her. she also refused to do a task assigned to her (even though it was not part of her job). there's way too many loop holes that businesses can get away with! sorry.get a lawyer. I think she is pretty much out of luck at this point. The best thing to do is learn from an experience like this, and she should make sure she asks for any training before taking a position she is unfamiliar with. It may seem like it's an obvious thing for a company to do, but that's never the case. She should file for unemployment if it is available and she is not currently working.Yes, she is entitled to her bonus pay. The only thing is, they may have to take 1/90 of the bonus out if it was for the quarter. She worked those days and earned that money. She deserves it.
I worked for a retail chain and recently transfered to a different store mid-quarter. Since the two stores received two different bonus checks they had to divide it by how many days I was in each store and all that mumbo jumbo.
The bottom line is she needs to be paid for that bonus!!!!!!
She should also make a fight about the reason she was fired as well. I would go to the top of the company. If a big company gets a whif of someone who is disgruntled they usually listen.None of that seems right. Your gf should talk to a lawyer because that sounds like some sort of bait-and-switch routine. A company cannot promote someone to a position and expect them to know the aspects of the job without proper training. Its as if they were too cheap to hire a trained manager, so they promoted her to use her to do the work, with every intention of dumping her before the scheduled bonus payout. Very shady. And firing her for not doing tasks assigned to someone else's job description is illegal. Good luck.Sue for constructive dismissal.call your local labor board or call a local labor law atty and pay a small charge for a short session to get the facts. $2000 is worth it - also, jobs are not easy to come by.No there is no protection for being demoted/fired due to performance issues ( as defined by management) unless he did it beacuse she was a minority or relgion, etc...no case#If you have any other info about this subject , Please add it free.# |
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