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When Can an Employer Legally Demote You

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  • 01-19-2007, 10:17 AM
    slkrk
    When Can an Employer Legally Demote You
    This is in california. I was hired 5 years ago as a 2nd level Manager. After New Years the company decides that there is no difference in the job from 2nd level and 1st level managers. So I got demoted to a 1st level. My pay stayed the same buy my pay bracket has changed and bonuses have changed.
    Question is, is it legal for them to have demoted me just like that without giving me a chance to stay as a second level.
    I have co workers that have been demoted to. I feel they are even more screwed cause some are ready to retire and would have gotten way more money retiring as a 2nd than a 1st.
  • 01-19-2007, 12:18 PM
    cbg
    Re: Demotion
    There is no law that prohibits an employer from demoting employees as they see fit. So yes, it is legal.

    The exceptions would be if they were deciding who was and who was not demoted SPECIFICALLY for a reason prohibited by law (race, religion, national origin etc.), SPECIFICALLY because you applied for a right or benefit which is protected under the law (such as FMLA, workers comp, attending a union meeting, etc.) or SPECIFICALLY to prevent them from receiving benefits to which they would otherwise be entitled.
  • 01-19-2007, 12:24 PM
    panther10758
    Re: Demotion
    I once worked for a retailer who did two things both that hurt many employees and both were legal

    1. They changed full time from 30 hrs to 32hrs but did not give those already working 30 the extra two hours and thus they no longer qualified for benefits likemedical insurance

    2. Stores below a certain volume no longer qualified for certain "managers" ( a high paying salary job) the stores below magic number now has "Supervisors" sames position same job but much lower hourly rate

    Yes it sucks but its discrimnation
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