Do I have any recourse?

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LADMgr

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Well, never thought I would be in this position but here goes. Advice appreciated.

Territory manager now for 4 years covering 10 stores overseeing 100 employees. Never written up or other documented issue in my file and I have been with the company for 20 years. It is a large publicly traded company which suffered a recent takeover.

My sales comp (the needle to gauge performance in retail) for the past 9 months has been #1 against 10 others in my region.

The new owners came out to visit my area 6 months back. I thought everything went well but apparently not. Not a single person ever shared this with me, not even my boss. He only said that they (new owners) came to town and left knowing who they are going to keep and who is going away.

Since that time I was called into the office and told by my boss that I should consider another position in the company (a demotion and less compensation). I was taken back by this and when I asked why he could not give me any direct answer other than it will allow me to spend more time with my special needs son!!!!!!!!!!!!!!!! :mad:He further added that he sees me struggling under the new leadership and that this is a way out for me. He did not provide any further details when asked for clarification.
I kindly refused the offer and a few weeks later he came out and told me the same and this time even accused me of something that one of my peers was responsible for-he is aging and his memory is going. He told me that I would be fired if I did not take the position. I again asked him for a reason, was it just my son? He said politics plays into it and that I was a smart guy and should see the writing. I told him that this was not right and he said, many things are not right, but we do what we must do.
Keeping mind that they are not eliminating my position but just want me out, for what reason I still do not know.

This has obviously lead to much anxiety and stress in my families life-we are also expecting another child.

I went to our HR manager-two of them and explained the situation to them. The senior HR manager told me to have a man to man talk with my boss which I tried 3 times and each time I was told that he did not want to keep rehashing the same thing. Each time increasingly more upset.
My other HR manager informed me that I should file suit against the company because what they are doing is not right-he was demoted under similar circumstances many years ago, he feels it is race related. I am Asian, he is Black, my boss white.

My boss told me that if I did not take the other position, he would ride me until I either quit or get fired so I accepted and went for the other position. Well, guess what? That department said I get paid too much and rejected my application.

At this time I am in limbo as to what to do. There are a great many other instances which I am not mentioning here such as off color Asian/Black/Hipanic jokes my boss shared with me (no witnesses, though I am sure others were told the same by him), etc.
When informed that I wanted to take a few weeks off to watch over my wife due to a c-section, he said I could only take a week and that he only took a few hours for his boys birth. I know I am entitled to FMLA if I wanted to push the issue but here is the thing. As a corporate officer in the company, am I entitled to any rights as one of my employees are? If I cause any waves, I know this will just come back in another way against me.

I have sine been looking for employment elsewhere, of course things are a bit scarce out there .

Again, many other issues, just not listed here. I just shared the basics of my concern.
Thank you,
 
If you feel this treatment is due to ethnic discrimination contact an attorney. Sounds like a tough case though due to the acquisition. Civil rights cases are very difficult to prove.
 
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