When Does an Employer Have a Right to Demote an Employee?

When Does an Employer Have a Right to Demote an Employee compensation sue attorney
In many workplaces, employees are demoted with little to no explanations. Although some of these demotions are just, many employees are wrongfully demoted. Do you believe that you were wrongfully demoted? Did your employer suddenly demote you without giving you a reasonable explanation? Do you believe that your employer demoted you for reasons that were not directly related to your work performance? If you believe that you were wrongfully demoted, the best thing that you could do is to seek legal assistance with the employment experts at California Labor Law Employment Attorneys Group as soon as possible.

California Labor Law Employment Attorneys Group is an employment law firm with many years of experience handling a variety of employment claims, such as wrongful demotion claims. Our attorneys have consistently dedicated themselves to representing all types of clients and helping them recover the compensation that they deserve. If you would like our knowledgeable employment attorneys to handle your claim and provide you with all the information necessary for a successful claim, do not hesitate to contact our law firm at your earliest convenience.

Understanding Wrongful Demotion

What is a wrongful demotion? What are the details that could make a demotion unlawful? A wrongful demotion occurs when an employer demotes an employee (removes him or her from a position to a lower or less desirable position) based on details that are not directly related to the employee’s job performance or job qualifications, for example. In other words, wrongful demotion occurs when an employer bases the decision to demote an employee on his or her personal characteristics protected by law. If you would like to learn more about wrongful demotions in the workplace, do not hesitate to seek legal assistance as soon as possible.

The Laws that Make Demotions Unlawful

What are the laws that make demotions unlawful? Although it could be perfectly legal to demote an employee, there are some laws that make certain demotions unlawful. Employees are generally protected by federal and state employment laws. On the federal level, employees are protected by Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. On the state level, employment laws that protect employees from wrongful demotion vary. In California, employees are protected by the Fair Employment and Housing Act. What do these laws do? Both the federal and state laws that protect you and all other employees establish protected characteristics. Because of these laws, it is illegal for any employers to make employment decisions (including decisions of demotions) on the basis of any protected personal characteristics as established by state and federal laws.

Based on these laws, all of the following hypothetical demotions would be illegal:

  • Demotion on the basis of gender
  • Demotion on the basis of race
  • Demotion on the basis of age
  • Demotion on the basis of religion
  • Demotion on the basis of pregnancy

If you would like to learn more about wrongful demotions and the laws that could make demotions illegal, do not hesitate to seek legal assistance with the employment attorneys at California Labor Law Employment Attorneys Group today.

Understanding Lawful Demotions

Although it is possible to become a victim of wrongful demotions, it is important to note that not all demotions are wrongful. On the contrary, there are many instances where demotions are lawful in every way. Demotions are always lawful when the decision to demote the employee is strictly based on the employee’s work. Without a doubt, the incompetence of some employees could negatively affect the employer; therefore, it would be in the employer’s best interest to demote the employee to a position to which the employee is better suited. Although demoting an employee could disturb the workplace, demotions are generally better alternatives to termination.

As mentioned above, demotions are legal as long the decision to demote the employee is based solely on his or her work performance. Consider the following reasons behind lawful demotions:

  • Employees have poor work performance.
  • Employees have a poor quality of work.
  • Employee’s skills are better suited for a different position.
  • Employee’s inability to keep up with the demands of the position.
  • Employee’s position is no longer necessary in the workplace.

So, when does an employer have a right to demote an employee? The answer is simple. An employer has the right to demote an employee whenever he or she sees fit, as long as the decision to demote the employee is not based on discrimination and instead directly related to the employee’s work performance. In other words, if the decision to demote an employee is based only on his or her work performance or quality of work, for example, the demotion would be perfectly legal. If you would like to learn more about when demotions are within the law, do not hesitate to seek legal assistance as soon as possible for more in-depth information.

You Could Pursue a Wrongful Demotion Claim

As mentioned above, demotions could be legal; however, many demotions occur in violation of both federal and state employment laws. If you believe that you were wrongfully demoted, do not hesitate to take action. Depending on your specific situation, you could pursue a claim with the EEOC (federal employment agency) or DFEH (state employment agency in California). You could even file a civil lawsuit against your employer. Regardless of the specific details of your claim, you might have grounds to take action and even receive compensation under some circumstances. To learn more about your legal options after being wrongfully demoted – or to confirm whether you were wrongfully demoted – do not hesitate to contact the employment experts at California Labor Law Employment Attorneys Group as soon as possible.

Contact California Labor Law Employment Attorneys Group Today

Were you recently demoted from your previous position? Are you finding it difficult to understand whether your demotion was lawful? Do you believe that your demotion could have been unlawful? Regardless of your current situation, we recommend that you seek legal assistance with the employment experts at 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 employment claims, including wrongful demotion claims. Our wrongful demotion attorneys have dedicated themselves to representing all victimized employees and ensuring that they recover the compensation that they deserve. If you would like to discuss your wrongful demotion claim with the experts at California Labor Law Employment Attorneys Group, do not hesitate to contact our law firm at your earliest convenience.

When you contact our law firm, you could benefit from our free consultations and free second opinions (depending on whether you are interested in starting or continuing your claim). During our free consultations and free second opinions, the knowledgeable attorneys at California Labor Law Employment Attorneys Group will dedicate themselves to answering all your questions, addressing all your concerns, and providing you with the guidance that you need to start or continue your claim. If you would like to schedule a free consultation or free second opinion, do not hesitate to contact our law firm as soon as possible.

Our law firm offers a Zero-Fee guarantee, which ensures that our clients never have to worry about having to pay any upfront legal fees for any of our legal services. Our law firm is based on contingency; therefore, you will never be required to pay any legal expenses until after your claim reaches a successful outcome. If you would like to schedule a free consultation or a free second opinion to discuss your demotion claim with our attorneys, do not hesitate to contact our law firm at your earliest convenience.