Is this legal?

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mystkshdw

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A friend of mine and I are trying to find out if we need an attorney and, if so, what type.

During my initial interview with my former employer for management positions
of which I was qualified, I was told I must be willing to accept a much lesser
position first. After 3 weeks in that position, the store manager told me I had
far exceeded his expectations and he was going to pursue a promotion to assistant store manager with the district manager.

When the district manager arrived the following week, he called me into the office with copies of job descriptions relating to the position I held and the position I had interviewed for. I was under the impression we were going to discuss the possibility of my obtaining the assistant manager position. At that time I was told that I was qualified for the position in question and, as he had in the initial interview, stated I had passed the tests for the management positions. Instead, he stated it had taken him 10 months to achieve assistant manager slot and he had no college. He continued by telling me I could hang the job description on the wall in front of me and
see if I could perform the tasks. When I discussed this with the store manager afterward the store manager laughed and equated it to a "carrot."

Shortly thereafter the assistant store manager, in front of my co-workers, stated I was not peforming my tasks citing the fact I had not personnally gone to customers' homes. He failed to mention I was not allowed access to a truck nor that he enjoyed doing this responsibility. No mention was made relating to my successfully making arrangements to pickup merchandise for past due accounts or collections which I had made. As I was not the only account manager and my accounts were, in fact, closer aligned with company goals, I feel I was singled out. Based upon his comments, I felt that, perhaps if I showed him my qualifications, he would understand that I was capable of performing my duties. Unfortunately, when I approached him
the following day, he became enraged and told me to go home. The store manager, present at the time, said nothing. I was not told when I was to come back nor was I contacted in any way by the store.

I was upset and spoke with my friend who is a former employee of this corporation. She had encountered similar situations while employed with them as well. She suggested I contact HR and, as I was with her at the time, offered to let me use her company phone to leave a message with Co-Worker Relations. I did so. She also offered to give a copy of my resume to her district manager for a possible management position with them.

I interviewed with him the following day. I was offered a position, we discussed and agreed upon wages and I completed all the relevant paperwork such as withholding, etc. I was contacted the following day and told the job offer was now in question although he wanted to bring me on board. He continued by stating the phone call to HR had been monitored by my former employer, my friend's job was now in jeopardy and he was unsure if he could
hire me at all. I have since not heard anything else about the position I had been offered.

My friend has since been written up and instructed she is not allowed to speak with me although I have an account at her store. She has also been told that my account, should it fall behind, will be just cause for termination.

Is this legal? Should we seek legal counsel?
 
What is it you think is unlawful? It is legal to not promote you. It is legal to send you home. Now please do not say it was "unfair" I understand that but unfair is not always legally actionable. Meaning its not always illegal
 
Let me begin by thanking you for your response. Although I understand it is not illegal regarding failing to promote an individual and sending someone home, I was under the impression doing so was to be based upon just cause (i.e., unfit to perform tasks, dressed inappropriately, etc.). Also, I was unsure of the legality associated with telling individuals who they can and cannot associate in the course of doing business. Again, I have never been in this situation before and apologize if I sound ignorant.
 
Sadly all the things you mention are not unlawful. In an "at will" enviroment an employer or employee may terminate employment at any time for any reason or no reason long as it violates no law, cba or, employment contract. None of those appear to apply here. I am sorry I wish I had better news for you
 
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