Do I have a Case for Wrongful Demotion?How long did you work in the same position in your workplace? Many people work in the same position for many years, only leaving the position when they are promoted. Unfortunately, employees are constantly mistreated in the workplace, and the outcome of unfair treatment is apparent in different ways-one of which comes as demotions. Were you demoted from your position? Do you believe that you were wrongfully demoted? If so, you might have grounds to file an employment claim and receive compensation. Are you interested in learning about your right to sue? Would you like to learn more about your rights in the workplace before you pursue a claim? Whatever the case, you could benefit from contacting California Labor Law Employment Attorneys Group at your earliest convenience.

California Labor Law Employment Attorneys Group is an employment law firm with many years of experience handling different types of employment claims. Our employment experts have dedicated many years to representing employees who have been wronged in the workplace. If you believe that you have been wrongfully demoted from your previous position, you could trust that our employment attorneys will do everything within their reach to help you sue your employer and recover the compensation that you deserve. Would you like to discuss your current situation with our knowledgeable employment lawyers? If so, do not hesitate to contact our law firm to request to speak with our experts.

Discrimination and Demotions

Demotions are allowed in the workplace, given that they are founded on the employees’ performance (or lack of performance) in the workplace. However, demotions could sometimes be direct results of discrimination. Unfortunately, discrimination is very common in the workplace. Employees are constantly mistreated are treated unfairly; they sometimes face repercussions simply because of their personal characteristics, such as their age, race, color, and sex, for example. In many cases, demotions are based on these personal characteristics.

Consider the following laws that prohibit discrimination in the workplace:

  • Title VII of the Civil Rights Act of 1964-it is illegal for employers to discriminate employees based on their sex, color, race, national origin, and religion (federal).
  • Pregnancy Discrimination Act-it is illegal for employers to discriminate their employees based on pregnancy, childbirth, or related conditions (federal).
  • Age Discrimination in Employment Act-it is illegal for employers to discriminate against employees based on their age of 40 or older (federal).
  • Americans with Disabilities Act-it is illegal for employers to discriminate employees based on their disabilities (federal).
  • Immigration Reform and Control Act-it is illegal for employers to discriminate employees based on their citizenship or national origin (federal).
  • Genetic Information Nondiscrimination Act-it is illegal for employers to discriminate based on an employee’s genetic information (federal).
  • Fair Employment and Housing Act-it is illegal to discriminate against employees on the basis of their race, color, national origin, ancestry, age, disability, sex, gender, sexual orientation, gender identity, medical condition, genetic information, marital status, and military/veteran status (state/California).

These laws apply to all employment decisions, including hiring, firing, promoting, and demoting. If you believe that your demotion infringed on any of the laws mentioned above, do not hesitate to contact our law firm as soon as possible for more information.

Was I Wrongfully Demoted?

When is a demotion rightful? Demotions are valid when the employee is no longer a fit for the position. How can an employee suddenly stop being a good fit for a particular position in his or her workplace? An employee could stop being a suitable match for a position when he or she no longer meets the requirements for the specific position. For instance, the employee suddenly stopped being producing enough work or stopped producing work that was up to the position’s standards. If that is the case, then the employer would be in the right in deciding to demote an employee to a position that better fits the employee.

Although demotions can be justified, some demotions are simply unfair and illegal. Illegal demotions occur when the decision to demote an employee is based on a protected characteristic. If your demotion was based on your race, sex, origin, religion, age, or any other personal characteristic protected by either state or federal law, your demotion is likely illegal. If you were illegally demoted from your position in your workplace, you might have grounds to pursue an employment claim.

What Can I do about being Wrongfully Demoted?

If you believe that you were wrongfully demoted, you might have grounds to pursue a lawsuit against your employer. If your employer made the decision to demote you based on discriminatory reasons, you could exercise your right to sue. If you would like to learn more about your right to file a wrongful demotion claim against your employer, do not hesitate to contact the employment experts at California Labor Law Employment Attorneys Group today.

Could You Receive Compensation?

Without a doubt, you could file an employment claim if you are wrongfully demoted. If you file a claim, you could be eligible to receive compensation-as long as your claim is successful. How much compensation could you receive? What type of compensation could you receive? All employment claims are different; therefore, the answers to any questions regarding the type and amount of compensation that you are eligible to receive should be reserved for your attorneys.

In general, those who pursue employment claims are eligible to receive some of the following types of compensation:

  • Lost wages: demotions are often accompanied by pay cuts and hour decreases, which could result in significant losses to the income that you earn. Compensation for lost income could include back pay and front pay.
  • Lost benefits: demotions that affect the hours worked can suddenly make employees ineligible to receive certain benefits. Compensation for lost benefits could include coverage for out-of-pocket costs for health insurance, life insurance, stock options, and retirement plans, for example.
  • Pain and suffering: compensation for the mental and emotional distress caused by being demoted in the workplace.
  • Punitive damages: compensation awarded as a form of punishment for the employer.

Regardless of the specific details of your claim, you could be certain that our employment attorneys will do everything within their reach to help you recover the maximum amount of compensation that you deserve. Whether our attorneys have to aggressively negotiate for a settlement or take your claim to trial, you could be certain that our experts will fight for your right to be compensated. For more information about the type and amount of compensation that you are eligible to receive, do not hesitate to contact California Labor Law Employment Attorneys Group.

What is the Statute of Limitations to File a Wrongful Demotion Lawsuit?

If you are interested in filing a wrongful demotion lawsuit against your employer, it is important for you to have a thorough understanding of the deadlines that are likely to apply to your claim. Because both federal and state agencies could be involved in the process, the timelines that apply to your claim are likely to vary. Consider the following deadlines:

  • You have 180 days to file a claim with the EEOC.
  • You have 300 days to file a claim with the EEOC if a state agency exists (applicable to California).
  • You have 45 days to file a claim with the EEOC if you are a federal employee.
  • You have 90 days to file a lawsuit in court after receiving the right-to-sue from the EEOC.
  • You have 1 year to file a claim with the DFEH.
  • You have 1 year to file a lawsuit in court after receiving the right-to-sue from the DFEH.

Whether you are interested in pursuing an employment claim through the EEOC, DFEH, or civil court, you have to be aware of the statutes of limitations that apply to your claim. If you would like to learn more about the statutes of limitations that apply to your claim, do not hesitate to contact our law firm at your earliest convenience.

Contact California Labor Law Employment Attorneys Group

Were you wrongfully demoted? If so, you likely have the right to pursue a claim and receive some sort of compensation. If you believe that you were illegally demoted, you must seek legal assistance as soon as possible. The employment experts at California Labor Law Employment Attorneys Group are ready to handle your claim and provide you with the guidance that you need to sue your employer. Our wrongful demotion lawyers have many years of experience with wrongful demotion claims. If you would like to speak to our lawyers and discuss your claim, contact our law firm to schedule a free consultation or free second opinion.

Our law firm offers both free consultations and free second opinions, ensuring that you have access to all the information that you need to begin or continue your claim. During our free consultations and free second opinions, our employment attorneys will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to begin or continue your claim against your employer. If you are interested in starting a wrongful demotion claim or redirecting your claim after it was negatively affected by an incompetent lawyer, do not hesitate to contact our firm to schedule a free consultation or free second opinion today.

Our free consultations and free second opinions are available as part of our Zero-Fee guarantee. This Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront legal fees for any of our services. Our law firm is also based on contingency; therefore, our clients will never be required to pay anything until after their claims reach successful outcomes. If you are ready to discuss your wrongful demotion lawsuit with our employment experts, do not hesitate to contact California Labor Law Employment Attorneys Group as soon as possible.

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