Demotion is an event that no one wants to experience, especially if they have been working for the same employer for a long time. Not only are you embarrassed, you are worried about how you will keep up with bills and other expenses. If the demotion is legally justified, there is nothing you can do beyond trying to find another job. If, on the other hand, a demotion goes against the law, you can explore the option of suing your employer.
If you believe that your demotion at work violates your employment rights, don’t hesitate to contact the offices of California Labor Law Employment Attorneys Group. We can provide you with a free consultation on your rights and legal options, and help you take the necessary actions to hold your employer accountable.
What is a Wrongful Demotion?
A wrongful demotion means more than just reassigning someone to a position of lower rank, pay, less desirable hours, etc. There must be a clear violation of state and/or federal labor laws, meaning that the employer did something that was illegal.
Demotions can happen to anyone at some point in their life, and many cases are justified. Essentially, there is a legitimate reason to demote the employee, which is solely based on their work performance. For example, the worker is unable to keep up with the essential duties of their position, or they have become less efficient / productive over time, and these issues are causing direct losses to the employer.
Sadly, employers use demotions as a way to punish workers, and this is where you find cases of wrongful demotions. For example, an employer may say that your performance at work has declined and use that as an excuse to remove you from your current role. However, the actual reason is discrimination over your age and how they want to replace you with someone that’s younger.
Another possibility is retaliation in the event you complain about discrimination in the workplace. Workers are generally required to file a complaint with Human Resources when they are treated unfairly by their supervisor. If nothing is done to rectify the matter, they can file a claim with the state or federal employment rights agency. In these situations, employers may choose to retaliate and fire the worker or put them in a less desirable position or location.
What are the Consequences of Wrongful Demotions?
Getting bumped down to a lower position at work is a blow to one’s pride, but there are more serious consequences to think about. More than likely, the demotion means you will receive less pay, and this can cause all sorts of havoc in your life. Aside from your salary or hourly rate, you also lose out on income like stock options and other job-related benefits.
A demotion also undermines an employee’s reputation at work, especially if they are wrongfully blamed for doing something that led to the demotion. This can make things very uncomfortable for the affected employee and subject them to harassing treatment or being ostracized by the other workers.
These and other circumstances may cause the employee to quit their job. This can also have a negative impact on the worker’s finances as they try to find a new job. In addition, finding work elsewhere may be harder than expected if their professional reputation was slandered or defamed by their previous employer.
As you can see, a wrongful demotion isn’t just a matter of losing a coveted position. This is why employees have rights against unlawful demotion in the workplace, including legal actions they can pursue with help from an employment rights attorney.
Do I have a Case to Sue for Wrongful Demotion?
At the point of being demoted at work, you are likely to wonder if you have a case for wrongful demotion. Frankly, these cases are difficult to prove, as you will need to evaluate your history and work performance, as well as the interactions you have had with your superiors. As you look through your work record, here are some questions to ask yourself:
- Was my demotion justified by my work performance?
- Have I received unfavorable treatment from my employer in the past?
- Were there any actions by my employer that constitute discrimination?
- Do I have reason to suspect that the adverse treatment had to do with my age, race, gender, sex, or another protected characteristic?
Extensive evidence is required to establish a discrimination and retaliation claim, whether you were demoted, fired, or subjected to other unlawful acts. Our legal experts can help you prove a case of wrongful demotion and fight for the compensation you rightfully deserve.
What Can I Do if I was Wrongfully Demoted?
The steps you should take after a wrongful demotion is based on the type of claim you are interested in filing. For example, you may choose to file a discrimination claim with the federal government’s Equal Employment Opportunity Commission. However, the EEOC does not handle every type of discrimination case, so you may have to seek help from the California Department of Fair Employment and Housing. This is a labor law agency that’s similar to the EEOC, but it’s operated by the State of California.
Aside from submitting a complaint with the EEOC or DFEH, you may be eligible for an employment rights lawsuit. Even if you want to pursue a lawsuit, please note that filing a government agency complaint is the first step. Once you file a DFEH or EEOC claim, you must wait for a Right to Sue letter, which is required in order to go ahead with a lawsuit. You should have an attorney helping you with each of these steps, and their expertise will be invaluable once you get to the lawsuit stage.
Why You Should Contact Us
We know that you have your choice of lawyers when it comes to employment rights violations. Or, you can choose to represent yourself and not hire an attorney at all. However, there is no disputing that labor law complaints are complex legal actions, and the steps that are involved are incredibly difficult to navigate on your own.
To ensure a successful outcome, we suggest that you contact a wrongful demotion lawyer as soon as possible. Our office is available to you 24/7, and that means you can contact us anytime if you need more information on filing a workplace demotion claim against your employer.
Advice from a California Employment Attorney
Would you like to discuss your rights and legal options with an experienced employment lawyer? Are you holding back from reaching out to us because of legal fees, which you cannot afford? There’s no need to worry about that at California Labor Law Employment Attorneys Group, where all clients receive the Zero Fee Guarantee.
We promise that you will never pay a single penny out of pocket, as we wait until the recovery of your settlement to ask for legal fees. In other words, our only form of payment is a percentage of the funds you obtain from a wrongful demotion claim. That means you owe us $0 for the cost of legal representation if we do not recover your payment.
As you can see, there is nothing to lose. Contact our law firm at your earliest opportunity and schedule a free consultation.
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