Many of us work towards specific goals at our job, including promotions to a higher position. Unfortunately, many workers are kept from opportunities to get ahead, or even worse, demoted to lower positions for a reason that has nothing to do with their job performance.
Do you believe that you were wrongfully demoted by your employer? If so, you should speak to an employment lawyer right away to see if you are eligible for a labor law violation complaint. You may also have the right to sue your employer for unlawful treatment in the workplace. Regardless of the circumstances, you will surely benefit from a free case review with one of our attorneys. Please contact California Labor Law Employment Attorneys Group to discuss your case with one of our legal experts.
Workplace Demotion based on Discrimination
First and foremost, it’s important to note that demotions can happen for all sorts of reasons, and many of these are perfectly legal. One cannot expect an employer to do nothing when it’s clear that a worker’s performance does not meet the requirements of the position. Or, they have certain personality traits that are not suitable for the role, like not being able to work in high-pressure situations.
However, a work demotion becomes illegal when the basis for demoting someone has to do with discrimination and retaliation. Specifically, the employer takes adverse actions against the worker based on characteristics such as race, age, sexual orientation, gender, pregnancy, religion, and political beliefs.
There are many federal government laws that prohibit workplace discrimination. These include:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act
- Age Discrimination in Employment Act
- Pregnancy Discrimination Act
- Immigration Reform and Control Act
- Genetic Information Nondiscrimination Act
On the state level, workers are also protected from discriminatory actions under the California Fair Employment and Housing Act. Please note that anti-discrimination laws apply to all employment-related decisions, like hiring, promotions, bonuses, termination, and suspensions. If you suspect that your employment rights were violated under California or federal law, don’t hesitate to contact our law firm.
How can I Tell if I was Wrongfully Demoted?
Valid demotions that do not break the law are based on reasons that are directly related to job performance. For example, an employer continues to make mistakes that are costly for the employer. Another reason may be the employee’s inability to grow and evolve in order to continue meeting the demands of a certain position. It’s possible that the employee also fails to meet sales goals and other metrics, and it’s clear that they are better suited to a different role.
Essentially, the employer has to have a quantifiable reason that has to do with your ability to complete essential job functions. In addition, the employer cannot lower your rank, position, and/or pay because they are discriminating against you on the basis of a protected category, like your skin color, age, disability, religion, or gender identity. They also cannot demote you out of retaliation because you filed a complaint about discrimination or other unfair treatment by your employer.
What You Can Do if You were Wrongfully Demoted
If there is evidence to support a case for wrongful demotion, you can exercise your right to file a complaint with the EEOC or the DFEH. The Equal Employment Opportunity Commission is a federal agency, whereas the Department of Fair Employment and Housing is an entity of the California state government. A wrongful demotion layer can help you collect evidence and file the necessary paperwork.
One or both agencies may provide you with a notice that allows you to sue your employer. This way, you can file a lawsuit for monetary damages that resulted from an illegal demotion.
Compensatory Damage in a Wrongful Demotion Lawsuit
After it’s determined that you were wrongfully demoted, you must have an understanding of the losses you suffered due to your employer’s decision. The damages you can receive will depend on various factors what are specific to your case. Here are the categories of compensation that may be available to those who file an employment claim in California:
- Lost wages that are associated with a demotion, which is likely to result in a lower pay rate or reduced hours.
- Value of work benefits that are lost because of a demotion (retirement contributions, stock options, reduced health insurance coverage, etc.)
- Pain and suffering if the treatment by your employer caused emotional distress
- Punitive damages if your employer is guilty of gross negligence or misconduct
Deadlines for Those Who are Suing for Wrongful Demotion
As we mentioned before, there are steps you have to take before you can file a discrimination and retaliation lawsuit against your employer. Thus, you will need to know the deadlines that are involved, starting from the filing of a federal or state agency claim:
- A claim with the EEOC must be filed within 180 days
- For those who are federal employees, the statute of limitations for a claim is 45 days.
- Claims filed with the California Department of Fair Employment and Housing have a deadline of 1 to 3 years, based on the specific violation by the employer.
- From the date on the Right to Sue notice from the EEOC, you have 90 days to file a lawsuit.
- You have 1 year to file a lawsuit from the date on the Right to Sue notice from the DFEH.
California Lawyer Specializing in Wrongful Demotions
Our legal team is comprised of employment attorneys with decades of experience and a proven track record of settlements. We know what it takes to get the result you need and deserve, so contact California Labor Law Employment Attorneys Group as soon as possible.
We do not charge you anything upfront, as we operate strictly on contingency. Plus, we provide all clients with the Zero Fee Guarantee. Under this agreement, our payment is based on recovering your compensation from a successful employment claim or lawsuit. So, you pay $0 in legal fees if we fail to settle your case or obtain a jury verdict in your favor.
Contact our wrongful demotion lawyers today and learn about your rights and legal options during a free consultation.
