A demotion refers to an employment decision where a worker is lowered in rank or position at their job. One can argue that being demoted is better than losing a job altogether, but is that really true? Demotions typically come with pay cuts and reduced benefits – maybe even changes in your shift or work location. It can also result in a loss of respect among your coworkers and emotional distress from losing something you worked long and hard to accomplish.
As someone who was recently demoted, you probably have questions about the legality of your employer’s decision. If you have concerns about a recent work demotion or want to know what legal actions you can take, make sure to contact an experienced employment attorney. Here at California Labor Law Employment Attorneys Group, we have a team of dedicated legal experts who are ready to hear your story. You may have grounds to file a discrimination or retaliation claim against your employer, which may result in a lawsuit for monetary damage. For a detailed explanation of your rights and legal options, give us a call at your earliest convenience.
What is a Wrongful Demotion?
People can be demoted for many reasons, but what makes a demotion wrongful? To put it simply, wrongful demotion occurs when employers use discrimination and/or retaliation as a basis to reduce your rank or role in the workplace. Examples of illegal demotions by an employer include, but are not limited to:
- A woman is demoted from her managerial position because she failed to meet standards that do not apply to her male colleagues
- An employee finds that they are demoted after they put in a request for medical leave under the Family and Medical Leave Act.
- A worker is demoted after they complain about a supervisor making offensive comments that have to do with their race or ethnicity.
- An employee is demoted from a leadership role after she informs the employer that she is pregnant.
- An employer demotes one of their supervisors after finding out about his religious beliefs.
None of these reasons have to do with the employee’s work performance, i.e., are they failing to meet their duties and obligations to the employer? Instead, the decision is based on the employer’s personal preferences, like favoring someone of a particular race or gender. Wrongful demotions can also involve the employer assuming that a worker is not as capable because they are pregnant or have a serious medical condition.
Please note that federal and state laws exist to protect you from discriminatory practices by an employer. Thus, if you have found yourself lowered in status, pay, or responsibilities in the workplace and believe the decision was illegal, make sure to speak with a wrongful demotion lawyer right away.
Laws That Protect Employees from Wrongful Demotion
Regardless of how you make a living, you should be aware of the laws that define and prohibit discrimination in the workplace: At the federal level, here are some of the laws that ban the practice of demotion based on a worker belonging to a protected category
- Title VII of the Civil Rights Act
- The Age Discrimination in Employment Act
- The Americans with Disabilities Act
As a worker in the state of California, you are also protected from wrongful demotion by the Fair Employment and Housing Act (FEHA). Please note that California is very progressive in its approach to workers’ rights. Thus, FEHA offers a greater range of protections than the federal statutes, which can be very helpful to those who were demoted because of an employer’s personal bias.
Instances Where a Demotion is Legal
A demotion may be out of the blue and completely unfair, but it may not be wrongful, which has to involve a violation of California or federal employment laws. There are perfectly legitimate cases of workplace demotions based on the following reasons:
- The employee is demoted because they cannot keep up with the demands of the position, like sales quotas and project deadlines.
- The quality of the work produced by the employee does not meet the standard that is achieved by others in a similar position.
- The employer believes that the employee’s skills and talents are better suited for another position.
- The employee has personal reasons that make it impossible for them to perform essential tasks in a competent manner.
- A restructuring at the workplace results in an elimination of the employee’s position.
As you can see, these reasons mostly have to do with your ability to do your job effectively; according to the position you are assigned. Restructuring, mergers, and other business decisions can also lead to a demotion because your position has been eliminated.
Contact Us if You Were Wrongfully Demoted
It’s important to consult a lawyer specializing in wrongful demotions, who can talk to you about filing a claim with the Equal Employment Opportunity Commission or a State of California employment agency. This way, you can have your employer investigated and penalized if they are indeed guilty of violating your rights. The employment agency in charge of your claim may also give you permission to sue your employer, and that means you can file a lawsuit for compensation.
Please note that filing a claim and proceeding with a lawsuit are extremely complicated procedures. Make sure to consult a workplace discrimination lawyer who can help you navigate the legal system.
Zero Fee Guarantee
Representation from an employment lawyer shouldn’t cost you an arm and a leg. In fact, you shouldn’t have to pay at all if you were demoted illegally, and that’s why we are proud to offer the Zero Fee Guarantee. We do not charge clients for the cost of legal services, which are covered by the party you are suing. All payment owed to us is paid at the same time as your settlement, so we have to win your case in order to get paid. No matter the outcome, you have the assurance of knowing your finances are never at risk.
For a detailed explanation of the Zero Fee Guarantee and all the other ways we can help you, contact us to receive a free consultation.
