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I have worked for my employer since December 19, 2011 as a part-time Manager-In-Training, then as a full-time Store Manager since December 10, 2012. I suffered a major heart attack on August 19, 2015.
Upon my return to work on March 8, 2016, after about a six month sick leave, I was presented with a letter that says I am being demoted for misconduct, for 15 debit refunds that were processed between January to April 2015. The debit refunds were processed by my daughter, a seaonal employee. I was responsible for going over store receipts as the Store Manager. I missed these debit refunds for unknown reasons, and swear the oversights were unintentional.
The letter of demotion states that my benefits are terminated immediately (March 8, 2016. I have been given four weeks at 20 hours /week, (my regular hours of work are 40 hours/week) after that I will be demoted from Store Manager to part-time Sales Associate, have my rate of pay reduced from $12.00/ hr to $11.25/hr, and be given the minimum part-time hours per week (not specified).
When I returned to work, the Acting Manager was not even aware that I was returning. I was not on the schedule at all that week or for the next two weeks. The District Manager (DM) was there to present me with the letter. I worked that day 10 am to 2pm and was invited by the DM to work the same shift the next day. I returned on March 9, 2016 to find the DM interviewing people for my position.
While I was still on sick leave, during the Christmas season 2015, several bank deposits went missing and more debit refunds were processed, allegedly by my daughter. Do I have any legal recourse, or rights to severance pay? Should I have quit? I have worked four short shifts so far and am unsure as to what my rights and responsibilities are in this situation. Please, if you could advise me in this matter, I would be greatly appreciate it. Thank you.
You do have rights and you may be entitled to significant severance. In this case we would need more information to properly assess your situation. I would encourage you to call us and set up a free and confidential consultation with one of our employment lawyers. I would also encourage you to visit the severance pay calculator our firm has developed to see what you are owed (www.SeverancePayCalculator.com).