With a population of approximately 4 million residents, Los Angeles is home to a variety of businesses and companies that employer around 1.99 million people. Of course, we all have bad days at work, and sometimes, we have to deal with negative employment decisions, like being demoted to a lower position.
Do you believe that a recent demotion at your job goes against your rights under the state and federal labor laws? If you were wrongfully demoted by a Los Angeles employer, you may have grounds to file an employment claim and receive monetary damages. Our firm has a dedicated team of labor attorneys who are ready to help if you are a victim of illegal treatment in the workplace. We have a proven track record of recovered settlements and jury verdicts on behalf of Los Angeles workers in all types of industries and work environments.
If you would like to learn more about your right to sue your employer, contact the Los Angeles wrongful demotion lawyers of California Labor Law Employment Attorneys Group.
What is a Wrongful Demotion?
For a demotion to be “wrongful,” there must be a legal violation of the state or federal labor laws. This is an important distinction from a standard demotion, which is based on your work performance. So, in other words, a wrongful demotion means that you were subjected to a reduction in rank, pay, position, etc., without a legal reason.
Generally, wrongful demotion cases are based on one or both of the following: discrimination and retaliation. For example, an employer fails to give a female employee the same opportunities as her male counterparts. The female worker files a discrimination complaint with HR, and then files a Department of Fair Employment and Housing claim when the employer fails to correct the problem. Because of the worker’s persistence, her supervisor retaliates by demoting her to a less desirable position.
It’s essential for workers to understand that the laws prohibit discrimination on the basis of gender or gender identity, pregnancy, race, religion, disability, sexual orientation, and other protected categories. In addition, employers are forbidden from taking adverse employment actions against an employee when they engage in a protected activity, like filing a Human Resources complaint about discriminatory treatment.
If you suspect that a demotion at work was due to reasons other than your work performance, reach out to a Los Angeles employment rights lawyer as soon as possible.
Wrongful Demotion Complaints with the EEOC or DFEH
When you suspect that your employer took actions against you that violate current labor laws, most workplaces require you to file a complaint with Human Resources. Unfortunately, doing so does not solve the problem for many workers, and as a result, they proceed to filing a claim with the Equal Employment Opportunity Commission or the Department of Fair Employment and Housing. These are federal and state labor agencies, respectively, and you should consult an employment lawyer to verify which agency you should contact. In some cases, you may have to file a claim with both entities.
Once your claim is received and reviewed by the applicable agency, you may get permission to file a lawsuit through the civil court system. Please note that you cannot sue your employer until you receive a Right to Sue notice from either of these agencies.
Your Right to File a Civil Lawsuit
So, what happens once you file an EEOC of DFEH complaint and eventually receive a letter that gives you the right to file a lawsuit? Even though you have permission, a lawsuit isn’t as simple as filing some forms and waiting for a court date. In fact, employment lawsuits are extremely complicated endeavors, and you should not attempt litigation against your employer without help from a skilled attorney. If you have not done so already, please consult a Los Angeles wrongful demotion attorney immediately. Depending on the type of lawsuit you are filing, your deadline may be as short as 90 days from when the Right to Sue letter was issued.
How Can You be Harmed by Wrongful Demotion?
Being wrongfully demoted may not seem like the worst thing, and frankly, it’s better than being fired and not having a job at all. Having said that, demotions typically come with a reduction in pay, along with other consequences, like less desirable hours, loss of job benefits, and loss of respect from your coworkers. When a demotion is not your fault, you can also deal with resentment, frustration, anxiety, and other emotions that eventually result in mental health disorders.
Another problem is the reality that employers often escalate abusive behavior after they get away with it. It’s more than likely that acts of discrimination, harassment, and other conduct will get worse over time. Eventually, you may lose your job altogether (wrongful termination), which is precisely what you were trying to avoid by putting up with the demotion in the first place.
This is why it’s important to speak out when your employer is breaking the law. At the end of the day, taking legal action is not the right choice for everyone. But it’s very important that you speak to an attorney and know that certain options are available to you.
Contact a Lawyer that Specializes in Wrongful Demotion Lawsuits
Seeking help from an experienced attorney is critical if you experienced discrimination, retaliation, and other unlawful treatment at your job. That’s why we invite you to contact our office 7 days a week, 24 hours a day. We are ready to help with all your questions and advise you of the legal actions you can take in order to hold your employer accountable.
If you are eligible for an employment rights violation lawsuit, we will take your case on contingency under the Zero Fee Guarantee. We promise that you will pay $0 in legal fees until the recovery of your settlement. So, you pay nothing upfront, and you owe us $0 if you don’t receive payment from a successful wrongful demotion claim.
We look forward to fighting for your rights and securing maximum payment for the harm you suffered. Please get in touch and schedule a free case review with one of our legal experts.
