QUESTION

Would I be able to claim discrimination, sue, file a lawsuit, or other charges against the company?

Asked on Jun 30th, 2018 on Discrimination - New York
More details to this question:
I'm a Senior Consultant at a company that is based out of New York. It is a work at home position so I live in Florida. I've been in a support role for the company for about 3 and a half years now. I've traveled internationally for the company to support new call centers in a brick and mortar setting. Two years ago I traveled to and helped launch a call center in Jamaica. Both times I traveled they told me not to tell anyone I was there to work. The company is global, however our program is US. I found out from an agent that they were being removed from our support team and the manager told him I would also be removed. The manager has yet to tell me himself that I will be removed and will probably tell me in a few days. The reason they are removing people from support is they are having Senior Consultants from Jamaica replace our program's support team because they are cheaper labor and want to put us all back to doing calls. If I go back on calls that would be like a demotion.
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2 ANSWERS

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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If you are approached find out what the reason is for whatever action they take. Don't assume that going "back to doing calls" is a demotion or less money. Unless they tell you it's less money, it could be the same or more money. You won't know until you try. Never quit, unless you already have another job lined up. Quitting may be he worst thing you can do. Constructive discharge, being forced to quit, is tough to prove as well. You are in Florida. We don't have enough information to determine whether you have sufficient contacts - by contract, function, organization, etc... to have New York's laws possibly provide you with more rights than you do in Florida. New York Courts have stated that the public policy of Florida is repulsive to New York's. In comparison to New York, Florida is not favorable for employees but then many who relocate there no longer work so what concern would it be of theirs? I practiced in Florida for 16 years. No regrets in returning north. Until there is adverse employment action against you all you can do is keeping doing your job to the best of your ability. Saving money is not illegal unless the company hires females, who traditionally earn less, to replace males. Or uses money as a disguise for age discrimination, or other discrimination. Pay attention. Listen carefully. Take notes. Watch what happens to others. Is the company targeting protected classes of workers? Oder, disabled, male or female, etc...? If it's age, it has to be a "but for age" an employee would still be working. If it's just saving money, that may not be illegal? Are you an "at will" employee like most people are? No written contract, no union, not working for the government then probably yes. They need no reason to terminate you. You will have the burden of proving it was an unlawful reason. Your notes, performance evaluations, documents will be key. If you are offered a severance package (no company is required to offer one unless by contract) pay an employment lawyer to go over it with you before you sign it. Some of us do that long distance nowadays. I seem to represent more and more employees who I never personally meet. The legal landscape is changing rapidly as are most people's jobs.    
Answered on Jul 01st, 2018 at 5:56 PM

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Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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We need more facts. New York courts have held the public policies of Florida to be repulsive to those of New York. The first issue is whose law applies? If you are governed by Florida laws good luck with that. If you are hopefully governed by New York laws maybe you are still in the game? What reason will they give you if any when they might fire you? Will you quit? Usually not recommended in New Yor. What do you think is the real reason? Is it discriminatory? How? Can you prove that? Reducing a workforce is not illegal. Saving money is not illegal. Are you a member of one or more protected classes of employees? Is your membership in one or more of those classes a consideration when terminating you? You have lots of homework to do. Write down the facts. Gather all your documents. When you are forced into a demotion or fired contact some new York lawyers. Some of us never personally meet the clients we represent. It's a brave new world out there. Good luck. I practiced law in Florida for more than 16 years. Thrilled to be back up north. And even more thrilled not to be paying Florida bar dues ever again!  
Answered on Jul 01st, 2018 at 6:29 AM

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