When can an employer demote an employee? Unfortunately, demotions could be somewhat difficult to understand, especially for those who do not have extensive information available to them. When encountered with a sudden demotion, employees might be confused about the legality of their employer’s decision. Employees might ask themselves: did my employer demote me lawfully?
If you are unsure of whether your demotion was legal, or if you are struggling to understand whether you were wrongfully demoted, you could benefit from seeking legal assistance. Seeking legal assistance is important even if you are not immediately thinking about filing a claim or pursuing a lawsuit. You should contact the attorneys at California Labor Law Employment Attorneys Group for more information about demotions and when they are lawful. If you would like to discuss your current situation with the employment experts at California Labor Law Employment Attorneys Group, do not hesitate to contact our law firm as soon as possible.
What is Wrongful Demotion?
Wrongful demotion occurs when an employer unlawfully bases the decision to demote an employee on discriminatory reasons. There are many reasons that could result in lawful demotions. However, many employers unjustly demote their employees based on discrimination. Consider the following examples of wrongful demotion:
- An employer demotes an employee because she is a woman.
- An employer demotes an employee because he requested to go on medical leave.
- An employer demotes an employee because of his race.
- An employer demotes an employee after learning that she is pregnant.
- An employer demotes an employee after learning of his religion.
As you can see based on the examples above, the employers were demoted based on reasons that were not directly related to the job and the qualifications necessary to perform the job. Rather, the decisions to demote the employees in the examples above are based on personal characteristics. Why are the demotions exemplified above considered wrongful? The answer is simple; the characteristics mentioned above are all protected by federal or state law, or sometimes both. For more information, do not hesitate to seek legal assistance with the experts at California Labor Law Employment Attorneys Group as soon as possible.
What Rights Protect You and Other Employees from Wrongful Demotion?
All employees should be familiar with the following federal laws that protect from discrimination and wrongful demotion in the workplace:
- Title VII of the Civil Rights Act
- Americans with Disabilities Act
- Age Discrimination in Employment Act
If you are an employee in California, you are also protected by the Fair Employment and Housing Act (FEHA). The FEHA protects many of the same characteristics protected by federal laws; however, it also protects a wider spectrum of personal characteristics. If you would like to learn more about these laws, do not hesitate to contact our law firm today.
When Can An Employer Lawfully Demote an Employee?
Many people automatically believe that demotions are unlawful. However, that is far from the truth. Employers have the right to demote their employers as they see fit, as long as the demotion is based on the employee’s work. Employers are looking out for their business; therefore, they might decide to move employees around (and occasionally demote employees) to positions that are more suitable for them.
Consider the following examples of lawful demotions:
- The employer decides to demote the employee based on the poor work performance.
- The employer decides to demote the employee based on the employee’s inability to produce quality work.
- The employer decides to demote the employee based on the belief that the employee’s attributes are more appropriate for another position.
- The employer decides to demote the employee because the employee can no longer keep up with the demands of the position.
- The employer decides to demote the employee after restructuring in the workplace results in an elimination of the position.
If your demotion was directly related to your work performance or any other factor directly related to the job position, it is unlikely that you were wrongfully demoted. However, you should always be cautious. Employers can use false excuses to terminate you. One of the most common excuses for demotions revolves around work performance. If you are uncertain, you should review your past work. Did your employer ever complain about the amount of work you were producing? Did your employer ever express his or her desire for you to produce more work or better work? Was there any change in the workplace that would require you to be demoted? Was there any change with the work goals that you were expected to meet? If you suspect that your employer demoted you based on unlawful reasons (rather than any of the lawful reasons listed above), you should seek legal assistance as soon as possible. An employment attorney can evaluate your claim and help you determine whether your demotion was illegal. For more information, do not hesitate to contact our law firm today.
What Could You Do If You Were Wrongfully Demoted?
If you were wrongfully demoted, could you take action against your employer? If you were wrongfully demoted, you have a few options. You could resort to the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH) depending on the reason behind your demotion. Besides going through these agencies, some employees could also pursue civil lawsuits against their employers. Regardless of the action that you choose to pursue against your employer, you should seek legal counsel to ensure that you are on the right track.
Contact California Labor Law Employment Attorneys Group Today
Do you believe that you were wrongfully demoted by your employer? Did your employer suddenly remove you from your position and place you in a lower position? If you believe that you have been wrongfully demoted, it is essential that you seek legal assistance. What could you do if you were wrongfully demoted by your employer? Without a doubt, you have options. If you would like to explore your options, do not hesitate to seek legal assistance with the experts at California Labor Law Employment Attorneys Group as soon as possible. California Labor Law Employment Attorneys Group is an employment law firm dedicated to representing all employees who have been victimized in the workplace in one way or another. Were you wrongfully demoted from your position? Do you believe that your boss decided to demote you based on discriminatory reasoning? If you were wrongfully demoted, you must seek legal assistance as soon as possible. The employment lawyers at California Labor Law Employment Attorneys Group are ready to provide you with the legal guidance that you need.
When you contact our law firm, you could benefit from our free consultations and free second opinions. Our free consultations and free second opinions are designed to ensure that all employees have access to legal services. During our free consultations, our experts will dedicate themselves to answering all your questions, addressing all your concerns, and providing you with all the legal information that you need to begin your claim. In many instances, employees who have been wrongfully demoted allow incompetent attorneys to handle their claims. How do you know if your claim was handled by incompetent attorneys? If you find yourself constantly struggling with unanswered questions or dealing with doubts about the possible outcome of your claim, your claim was likely handled by an incompetent attorney. If so, your claim is likely in need of redirection – redirection that our knowledgeable employment attorneys could provide. If you are in need of a free consultation or a free second opinion, do not hesitate to contact California Labor Law Employment Attorneys Group as soon as possible to request to speak with our lawyers.
The free legal services discussed above are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that none of our clients ever have to worry about having to cover legal expenses for our legal fees. Our law firm is also strictly based on contingency; therefore, our clients will never have to pay anything until their claims reach successful outcome. Are you ready to discuss your demotion with the employment attorneys at California Labor Law Employment Attorneys Group? If so, do not hesitate to contact our law firm today.