My Sales Manager gets demoted and takes my job.
My question concerns "bumping".
I was laid off in a force reduction at my software company.
I was a sales rep. My sales manager was demoted and took my job and sales territory (in New York City - the company is based in California.)
"At will" considerations aside, is this situation illegal ?
Answers (1)
Private Sector Bumping Rights
You can't leave aside the "at will" considerations because those considerations determine what your rights are. Basically, the only rights you have are the rights of an "at will" employee unless you can demonstrate that you fall under some exception to the "at will" doctrine that would give you greater rights.
I don't see how you fall under any exception. Therefore, you don't have any bumping rights or rights protecting your from being bumped.
Bumping rights are really rare. Only union employees and civil service employees would have them, and then only under certain circumstances.
For those who have never heard of "bumping rights" before, if you have bumping rights, that means you can take over the job of another employee if your job is eliminated. When bumping rights exist, generally, more senior employees bump less senior employees. Bumping often starts a chain of bumping, leading , eventually, to the least senior employee losing the job. Most often, bumping comes into play in a reduction in force situation.
Your sales manager might not have any bumping rights, but, if your employer decides to bump you in favor of your sales manager, you have no way of preventing it, short of having some kind of agreement protecting you.
posted by David M. Lira | Nov 13, 2001 2:08 PM [EST]
You can't leave aside the "at will" considerations because those considerations determine what your rights are. Basically, the only rights you have are the rights of an "at will" employee unless you can demonstrate that you fall under some exception to the "at will" doctrine that would give you greater rights.
I don't see how you fall under any exception. Therefore, you don't have any bumping rights or rights protecting your from being bumped.
Bumping rights are really rare. Only union employees and civil service employees would have them, and then only under certain circumstances.
For those who have never heard of "bumping rights" before, if you have bumping rights, that means you can take over the job of another employee if your job is eliminated. When bumping rights exist, generally, more senior employees bump less senior employees. Bumping often starts a chain of bumping, leading , eventually, to the least senior employee losing the job. Most often, bumping comes into play in a reduction in force situation.
Your sales manager might not have any bumping rights, but, if your employer decides to bump you in favor of your sales manager, you have no way of preventing it, short of having some kind of agreement protecting you.
posted by David M. Lira | Nov 13, 2001 2:08 PM [EST]
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