What Is the Average Case Value of a Wrongful Demotion Lawsuit?
It is unlawful for employers to wrongfully demote you based on disregarding of public policy, discrimination, or breach of a written/implied contract. The California Employment Attorneys Group ensures that you get the damages which you deserve for your employer’s blatant disregard for the law. If you have been wrongfully demoted, you may have the legal grounds to file a lawsuit against your employer.
California, like many states in the United States of America, is an at-will state. This means that employees work there through their own volition which gives employers the right to terminate them or demote them without any true reason. The discipline, however, cannot violate any state or federal laws which protect employees from unfair treatment by their employers. For example, your employer’s top clients are old and have antiquated beliefs regarding women in the workplace. Your employer, as a result of their clients’ sexist and outdated beliefs, then demotes you because you are a woman and would make the top clients uncomfortable during meetings. This is known as sex discrimination and gives you the right to file a lawsuit against your employer.
If you believe that you have been wrongfully demoted, you have the right to file a lawsuit against your employer and collect damages. We at the California Employment Attorneys Group are here to make sure that you get the maximum available damages. We help people who have been wrongfully demoted every day and help answer questions regarding their case.
- What is the average case settlement for a wrongful demotion lawsuit?
- What is the case value for wrongful demotion in California?
- How much is a wrongful demotion claim worth in California?
Answers to these questions depend on the specificities of your case and what the courts decide is appropriate for you. Here are a few things which you should know about what damages are available to you if you have been wrongfully demoted.
What Is Wrongful Demotion?
Wrongful demotion is the act of demoting an employee to a lower position with fewer responsibilities, fewer benefits, and less pay. It is within the employer’s rights to demote an employee, especially if their performance is below par. An employee is not allowed to demote an employee because of a disregard of public policy, discrimination, harassment, or breach of a written/implied contract.
- Disregard of Public Policy: An employer can discipline an employee for any reason they want to, so long as it does not violate any existing laws meant to protect employees from unfair treatment. Public policy can mean such things like the anti-discrimination laws which exist, for example. Any demotion which is against public policy is illegal in the workplace.
- Discrimination/Harassment: There are both federal and state laws which protect employees from workplace discrimination and harassment. At the federal level, Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act, which does not allow employers to discriminate against their employees. With the state of California, the Fair Employment & Housing Act (FEHA) is enforced by the Department of Fair Employment & Housing (DFEH). It is unlawful for employers to discipline based on the numerous anti-discrimination laws which exist.
- Breach of Written/Implied Contract: If the employee signed an employment contract, the employer is bound to the terms of conditions of that contract. The demotion violates that contract, the employee may take legal action against the employer.
What Damages Are Available to Me If I Am Wrongfully Demoted?
- Lost Pay: If your team of qualified attorneys can prove that your demotion was unlawful, you can recover the lost wages which you have suffered due to the demotion, this is known as back pay. You can also recover the wages you will continue to lose if reinstatement is not possible, known as front pay – reinstatement is typically not seen as the best course of action because demotions and lawsuits do not often create good relationships.
- Lost Benefits: As a result of the demotion you may have lost some benefits which were associated with the higher position. There are times where job benefits are tied to the positions you hold, or the hours that an employee works. For example, if an employee was full-time but is then wrongfully demoted to part-time they may lose their benefits exclusive to full-time employees. Such benefits may include health insurance, bonuses, or retirement plans.
- Pain & Suffering: Being demoted can have a very stressful impact on your life which may cause emotional distress. Panic attacks, anxiety, depression, and more, are all possible effects of wrongful demotion. Employees can ask for pain and suffering damages which include negative emotions, reputational harm, and other negative damages which were caused by the demotion. While these damages are harder to prove, an attorney can have a medical expert testify about the mental damages you received.
- Attorneys’ Fees: If you are able to prove your case, the courts may also demand that your employer pay your attorneys’ fees. This sum is independent to the sum your employers owe you and go directly to the lawyer.
The California Employment Attorneys Group is here to make sure that justice is served. If you believe that you were wrongfully demoted, you may have the grounds to file a lawsuit against your employer and collect the damages you rightfully deserve. We offer free consultation and the zero-fee guarantee. If we don’t prove your case, you do not pay for our services – there is no financial obligation or risk on your part! Call us today.