Can My Boss Say: "Here's Your Hat, What's Your Hurry?"
Q. Can your boss order you to step down from a position if you have no write ups? Also if you are a supervisor and you are salary [sic] can your boss order you to punch the clock? I've been to my human resource office several times but nothing has happened. I'm now feeling like my boss is trying to force me to quit. He brought in a guy about two weeks ago and told other employees that the guy was my replacement. I brushed it off but now that he has come to me and asked me to step down or be without a job, I'm concern about what my rights are. Thanks.
A. Well, I don't mean to be blunt, but if your boss is introducing the new guy around as your replacement, it seems pretty clear what your boss's intentions are. But that's not really your question.
Your question, which comes up all of the time (here, for instance), appears to deal with what we call "at-will employment." Basically, an "at-will" employee (and that's pretty much anyone who's working without a contract) is an employee only as long as the employer wishes you to be one. (There are, of course, exceptions to the "at-will doctrine," but it doesn't appear that any apply here.)
Simply put, in the absence of a contract of employment, the answers to your questions are pretty straightforward: Yes, your boss can ask you to step down from your supervisory position for any reason, or no reason at all, as long as it's not for a discriminatory reason (race, gender or religion are the big three). Yes, your boss can make you start punching the time clock. And yes, your boss can make you feel so uncomfortable -- for instance, by bringing in a new supervisor -- that you feel like quitting. (But quitting has ramifications when it comes time to collect unemployment. so that's probably not the play to make.)
What's your solution? There really isn't one, unless there are other factors at play that you haven't told me about. Essentially, your answer is to suck it up and carry on. But in today's market, if they're letting you keep your job, that's a plus, because it's always better to look for a new job while you're working at your old job.
The thing is, sometimes, having a job stinks. But it doesn't stink as badly as not having any job.
Good luck.
A. Well, I don't mean to be blunt, but if your boss is introducing the new guy around as your replacement, it seems pretty clear what your boss's intentions are. But that's not really your question.
Your question, which comes up all of the time (here, for instance), appears to deal with what we call "at-will employment." Basically, an "at-will" employee (and that's pretty much anyone who's working without a contract) is an employee only as long as the employer wishes you to be one. (There are, of course, exceptions to the "at-will doctrine," but it doesn't appear that any apply here.)
Simply put, in the absence of a contract of employment, the answers to your questions are pretty straightforward: Yes, your boss can ask you to step down from your supervisory position for any reason, or no reason at all, as long as it's not for a discriminatory reason (race, gender or religion are the big three). Yes, your boss can make you start punching the time clock. And yes, your boss can make you feel so uncomfortable -- for instance, by bringing in a new supervisor -- that you feel like quitting. (But quitting has ramifications when it comes time to collect unemployment. so that's probably not the play to make.)
What's your solution? There really isn't one, unless there are other factors at play that you haven't told me about. Essentially, your answer is to suck it up and carry on. But in today's market, if they're letting you keep your job, that's a plus, because it's always better to look for a new job while you're working at your old job.
The thing is, sometimes, having a job stinks. But it doesn't stink as badly as not having any job.
Good luck.
posted by David Kendall at
1:16 AM
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