A demotion refers to a change in your position at work to a role that’s lower in responsibilities, rank, and pay. Some demotions are justified, but others find that they are wrongfully demoted. Do you suspect that your employer demoted you without legal justification? In other words, do you believe that your demotion was related to a reason that had nothing to do with your work performance?
In these cases, it’s important to speak with a California employment attorney as soon as possible. The lawyers of California Labor Law Employment Attorneys Group are available 24/7 to answer any questions you have about a workplace demotion. If you were wrongfully demoted by your employer, we can help you file a compensation claim and fight to secure a fair resolution on your behalf. Please contact us at your earliest opportunity and schedule a free case evaluation.
What is a Wrongful Demotion?
It’s essential to understand what makes a demotion unlawful under California and federal labor laws. A wrongful demotion involves:
- Demoting an employee, meaning they were removed from their position at work to a lower / less desirable role)
- The demotion was not based on the worker’s performance at work or their job qualifications
- The reason for the demotion is based on illegal circumstances, like discrimination of a protected characteristic such as the employee’s disability, race, sexual orientation, gender, or religion.
Laws that Protect Workers from Wrongful Demotion
There are perfectly legitimate reasons to demote someone, so what exactly makes a demotion unlawful? Basically, your employer must have committed a violation of federal and state laws when they took away your work position. At the federal level, you are protected by various legislations, such as the Age Discrimination in Employment Act and Title VII of the Civil Rights Act. Workers also have protections under California law, particularly the Fair Employment and Housing Act.
According to current laws, it is illegal for employers to make adverse employment decisions that discriminate against protected categories, like someone’s age, need for disability accommodations, pregnancy, and HIV status. Many workers also have the right to medical leave for a serious health condition under the Family and Medical Leave Act or the California Family Rights Act.
In spite of these regulations, employers continue to violate worker’s rights and demote, suspend, or fire employees as an act of discrimination and retaliation. For more information on suing for a wrongful demotion, contact our office and learn about your rights from one of our attorneys.
Demotions that are Legal
We touched on this subject before, but it’s crucial to understand the difference between a legal and illegal demotion. If the decision is strictly based on the employee’s work performance, the employer has every right to reassign them to a lower position. So, if there is clear evidence of incompetence that can negatively affect the company / business, the employer can demote the worker to a different role rather than terminating them.
To clarify, here are the most common reasons for a demotion, which are not in violation of California’s employment laws:
- The work produced by the employee is of poor quality.
- The worker has skills that are better suited for a lower position.
- The employee is unable to keep up with the pace / demands of the position.
- The position that is currently held by the employee is no longer needed at the workplace.
Your Right to File a Wrongful Demotion Claim
Once you have established that your demotion at work is illegal, you will need information on how to file a claim against your employer. Based on the circumstances that were involved, you may need to file a claim with one of both of these agencies: the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. Depending on how these agencies respond to your claim, you may have the opportunity to file an employment lawsuit against your employer.
Make sure to consult a labor law violation attorney, who can help you with the necessary legal actions if you were unlawfully demoted by your employer.
How We can Help
Being demoted from a position you worked hard for is a devastating blow, especially when there is no legal basis for your employer’s decision. It can be tough to get justice when you are wrongfully demoted, which is why you should contact an employment rights lawyer without delay.
With a proven track record of recovered settlements, our legal experts are more than ready to fight for you and the compensation you deserve. We believe that legal representation must be made available to all victims of wrongful demotions. That’s why we accept cases without charging a retainer, and instead, arrange to receive a percentage of your settlement check. In addition, you are protected by the Zero Fee Guarantee, so you will not be asked to pay legal fees if we fail to win your case.
As you can see, there is nothing to lose by contacting out office and talking to a lawyer than can sue for an illegal demotion. Give us a call as soon as possible and schedule a free case review to learn about your rights and legal options.
