Image of Is assigning a sales employee a low performing territory an adverse employment action?

Is assigning a sales employee a low performing territory an adverse employment action?

Numerous courts have held that assigning an employee a lower performing territory or accounts constitutes an adverse action. See, e.g., McArdle v. Dell Prods., L.P., 293 Fed. App’x 331, 337-38 (5th Cir. 2008) (stating the plaintiff suffered an adverse action where a single lucrative and desirable account was taken away and replaced with less profitable accounts); Richmond v. Gen. Nutrition Ctrs., No. 08-cv-3577, 2011 WL 2493527, *10 (S.D.N.Y. June 22, 2011) (holding a jury could find the plaintiff suffered an adverse action when he was transferred to a store with a lower volume of sales, resulting in a loss of potential commissions).

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Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.