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Verbal Contract & Action Plan Written Contract??

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DL11

Member
What is the name of your state? Ohio

My co-worker signed a 30 day Action Plan with our employer which specified certain areas to bring a change by a certain date, which this Action Plan states "...at the end of the 30 days, a re-evaluation would be made and a decision, which may include up to demotion or suspension, not termination would be made."

The Action Plan date specified ends on 7/30, on 7/25, the supervisor entered the store and said "the store looks a mess, I need to talk to you", they went in to the office and he was told that he doesn't foresee him able to make the changes in the action plan and he has no room for him in his market, he's transferring him to another region almost 2 hour drive away."

He has no room for him in his market b/c he hired a man who used to work for our competitor at a level higher than the position my friend and I hold in our company and he wants to get him in to a store with good profits so he can justify the salary he has... this is not assumed, it is well known.

My friend is African American and 42, the new employee is Caucasian and late 20's. My friend contacted HR at corporate and was told, "if he feels you cannot meet the expectations of the action plan, he can do it." He is filing a rebuttal to the decision, but I fear nothing will come of it as from my own experience. The supervisor did NO checking on the issues of the action plan, only stated the showroom was a mess...which is typical when you get loads of merchandise in from Corporate orders that you didn't order and have NO room to place it. The stock just arrived the night before.

Is the action plan considered an agreement and they have to hold to it? Is it also considered a verbal contract when they promise to get you a position within a period of time and make no effort to follow through with what they say? I get it, no one here states the law adheres to ANY verbal contracts, a man's word is nothing when it comes to employment law. I have a friend who is a judge, I may be calling him today.
 


Beth3

Senior Member
He has no room for him in his market b/c he hired a man who used to work for our competitor at a level higher than the position my friend and I hold in our company and he wants to get him in to a store with good profits so he can justify the salary he has... this is not assumed, it is well known. You seem to be implying you think this is illegal, wrong, or both. It is neither. It is not uncommon at all to create a position in an organization when a uniquely qualified individual becomes available if employing such a person will have a significant beneficial impact on the business.

There isn't anything in your post that suggests your friend's race or age have anything to do with the decisions you reference.

Is the action plan considered an agreement and they have to hold to it? Is it also considered a verbal contract when they promise to get you a position within a period of time and make no effort to follow through with what they say? The answers to those questions depends upon exactly how the document is worded and any relevant case law in your State.

I get it, no one here states the law adheres to ANY verbal contracts, a man's word is nothing when it comes to employment law. Huh? Verbal "contracts," ANY verbal contracts, are typically extremely difficult to enforce and for obvious reasons.
 

cbg

I'm a Northern Girl
It depends on the wording of the action plan. The one I use specifically says that if the employer does not see evidence that the employee will be able to meet the specifications of the plan within the time defined, the employer has the right to terminate the employee even before the date the action plan ends.

Even if they are simply looking for a place to put the other manager so that they can justify his salary, that is not illegal, even if unfair. The race and age of your friend are irrelevant unless he has reason to believe that he is being fired BECAUSE OF his race and age, and you do not suggest that.

He is free to show the agreement to a local attorney for an opinion on whether it is binding, but I wouldn't hold my breath.
 

DL11

Member
"The one I use..."

You said, "The action plan you use..." are ya'll HR experts or employment attorney's??
 

cbg

I'm a Northern Girl
As you can see by clicking our profiles, both Beth and I are senior HR professionals.

As such we are required to be quite proficient in employment law. Don't make the mistake of believing that because we are not attorneys, we don't know what we are talking about.
 

DL11

Member
"As such we are required to be quite proficient in employment law. Don't make the mistake of believing that because we are not attorneys, we don't know what we are talking about."

I don't. I just sensed responses that sounded more like HR than the attorney I spoke with. That's all. :)
 

cbg

I'm a Northern Girl
Yeah, we hear that a lot. Any time we give an answer that doesn't tell the employee he can sue for mega-millions, it's because we're nasty HR who's always on the employer's side.

(sigh of frustration)
 

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