Long Beach is one of California’s most populous and vibrant cities, with a community of over 470,000 residents. It may also interest you to know that around 232,000 people work in the city of Long Beach, meaning that it’s a major economic hub of Southern California. There are many companies representing all types of industries in Long Beach, and their workers are happy to work in a city that’s only 20 miles from downtown Los Angeles.
However, what seemed like a golden employment opportunity can quickly turn sour if you are wrongfully demoted or face other kinds of illegal treatment from your employer. If you believe that your boss demoted you under illegal circumstances, you may be entitled to compensation from a lawsuit. However, the process of suing an employer is very complicated, and many people are unaware of what to do when their rights have been infringed.
To learn about the steps you can take, make sure to contact California Labor Law Employment Attorneys Group. Our attorneys can verify your eligibility for a wrongful demotion claim and help you decide on the right course of action. No matter what you decide, legal advice is needed, right from the start. That’s why we encourage you to reach out and schedule a free case review
Essential Information about Wrongful Demotions
First and foremost, people are generally aware that demotions can happen in any line of work, even if you are trying your best to please your employer. So, what is it that makes a demotion wrongful, or in other words, illegal?
As a general rule, work demotions must be related to one’s job performance, based on quantifiable metrics. For example, are you failing to meet certain sales goals or finish a certain number of tasks / projects by the company deadline? Did you fail to take care of certain responsibilities that are clearly a part of your essential job duties? These are instances where a demotion may be warranted, no matter how long you have been with the same employer.
So, What Makes a Demotion Unlawful?
Wrongful demotions are essentially based on anything that is not directly correlated to the employee’s job performance. However, there is no denying that most illegal demotions have a basis in discrimination, or retaliation if the employee complains about discriminatory conduct. Retaliation can also happen if the employee asks for extended medical leave, pregnancy accommodations, or anything else that they have a right to request under California law.
To prove a case for discrimination, you must have evidence showing that you received unfair treatment by your employer based on the fact that you belong to a protected category. This can include a wide variety of characteristics, like your religious beliefs, race, medical condition, gender, sexual orientation, and political affiliations. You also have the right to speak out and file a complaint with Human Resources or a government agency if you suspect discrimination by your employer. If your employer retaliates by lowering your rank or position at work, you have the foundation for a wrongful demotion complaint.
Did your employer fail to provide you with a solid, legally justifiable reason for why you were demoted? If you have any suspicion at all that you were subjected to unlawful treatment at your job, make sure to seek advice from a Long Beach employment rights attorney.
Wrongful Demotion Claims with the EEOC or DFEH
If a Long Beach employer has wrongfully demoted you, a lawyer can help you take the appropriate actions, including filing a complaint with one or two employment agencies. Based on the legal violation committed by your employer, you may need to file a claim with the Equal Employment Opportunity Commission (EEOC), which is a federal entity. Or, you may have to file a complaint with the state department known as the California Department of Fair Employment and Housing.
To avoid mistakes and costly delays, we suggest that you seek help from a wrongful demotion lawyer in Long Beach. Please be aware that you must get permission from either of these agencies to go ahead with a lawsuit, which you can only obtain by filing a claim.
Suing Your Employer for Wrongful Demotion
You may have all the necessary proof to file a lawsuit against your employer, but labor disputes have very specific procedures. Before you can petition the court system, you will need a Right to Sue letter from either the EEOC of the DFEH. So, once you file the claim with one or both agencies, you must wait for a response, hopefully in the form of a Right to Sue notice.
Once you obtain this document, you can file a lawsuit with the applicable court system, but please know that the deadline can be as short as 90 days. This is why evidence gathering is essential from the moment that you are wrongfully demoted. Getting an attorney to help you is another important step, as they can move quickly upon the receipt of a Right to Sue letter and ensure that a lawsuit is filed within the statute of limitations.
It’s crucial that you have enough evidence to support a claim of wrongful demotion based on legal violations, like workplace discrimination. You must also present the information in a clear and compelling manner and cite legal precedents that give you the right to seek compensation and other remedies from your employer. This is why you must reach out to a Long Beach wrongful demotion attorney as soon as possible.
Consequences of a Wrongful Demotion
Getting demoted affects you in various ways, even when it happens under legal circumstances. But a demotion that clearly violates the law can be very harmful on your mind and body, along with your finances. Many people in this situation suffer long-term or permanent damage to their professional reputation, and struggle with serious mental health issues. This can take a toll on your personal life, like how your ability to have loving and healthy relationships with your family members.
Not doing anything about a wrongful demotion also makes you vulnerable to further unlawful treatment, including losing your job altogether. Even if you quit your job, a wrongful demotion can continue to haunt you and make it difficult for you to succeed at your new place of employment. With all that can happen, please don’t delay in talking to a workplace demotion lawyer by contacting out office.
Compensation from a Successful Demotion Claim
We mentioned before that you may be entitled to compensation if your employer wrongfully demoted you. But what kinds of payments are included in a wrongful demotion settlement? Possible damages that we can recover on your behalf include:
- Value of lost wages and work-related benefits
- Loss of professional reputation
- Emotional distress / pain and suffering
- Job search costs
- Reinstatement to your former position
- Punitive damages
Our legal experts will verify which of these damages you are entitled to, and whether it’s worth it to ask for certain remedies. For example, the majority of our clients do not ask to be reinstated to their former position, because once a lawsuit is filed, the relationship with their employer is beyond repair.
Pay $0 to Hire an Employment Lawyer in Long Beach
At our law firm, we do not believe in charging clients upfront when their rights have been violated by a negligent or malicious employer. That’s why the Zero Fee Guarantee is here for you from day one, which is a contingency fee program for anyone with a valid employment rights case.
From day one, you do not have to worry about paying for legal fees, which we demand from the party you are suing. The settlement check from a successful lawsuit includes the cost of representing you, so that means we don’t make a penny unless you receive compensation.
For more information on what you can do if you were wrongfully demoted in Long Beach, contact our law firm today.
