More details to this question:
I worked for Adirondack transit for 19 and a half years. During those 19 and a half years I was the evening shift leader about 6 or 7 years. I went into work on 9/28/22 as usual and the secretary informed me that the garage manager Mr. Smith wanted to see me. when I spoke to him in his office he informed me that he was making some changes. he said he was going to put me back on the garage floor to do physical labor instead of my administrative duties as shift leader. When I asked him why he said, “you don’t need to know why, it’s my decision” I refused it as I am 67 years old. So he said , 'you can always retire' to which I said I guess I'm going to have to. He shook my hand and I left. I wasn't ready to retire yet and I am perfectly capable of doing my duties as an evening shift leader. I feel I was forced out by Mr. Smith. Do I have any recourse?
1 ANSWER
Could you have performed "physical labor instead of my administrative duties as shift leader"? If not, why not? Do you suffer with some physical condition or limitation in performing physical labor? Did your employer know of such limitations?
If yes, have you signed any contracts or agreements in the past 7 days which you might be able to rescind or take back? Have you discussed any of these facts with labor and employment lawyers? Will you keep looking for work and continue to work? Have you applied for unemployment benefits? Did the employer know that you were considering retiring or had you shared that you wanted to retire?
There are way too many questions which an employment lawyer might ask you. But being forced out, what we call constructively discharged, has a very specific legal meaning. And what you told your employer and what they knew about you is key.
None of these claims are straight forward or easy. But they all depend on the specific facts of the potential client. And the only way to flush them out is to speak with an experienced labor and employment lawyer. In today's remote world there are many competent employment lawyers across New York State and some will even talk with you no charge. Good luck.
Answered on Oct 16th, 2022 at 2:12 PM