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  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Question Demotion Turned Into a Termination

    Back in January 2008, my former employer tried to demote me (without HR representative in the meeting) and did not tell me the reason why they were doing it. They gave me an option either I can take my personal belongings home or move it to my "new" office since the person taking my position is starting the following day. I chose to take my personal stuff home and 15 minutes earlier my scheduled time to go home, I left the office just like in a normal day but of course not feeling well due to what just transpired (I am an exempt employee). The person who talked to me about my demotion sent me a text message stating: "So, I guess by your actions, you are resigning? Unless I hear back from you before 6PM, I will have HR prepare your termination paperwork." So I replied right away, "I am not resigning". He sent me another text message stating: "I will have HR prepare the paperwork then. Pick up your check tomorrow at 8am".

    Is there any case for me? I live in CA and I want to know if there is a chance to go after that company.

    Infomation that might help: During that same week, they laid off 20 people for the reason of reduction in workforce.

    Thanks.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Wrongful Termination?

    If they also laid off 20 other employees, it seems you are also the victim of downsizing, it happens, sorry to say.

    If terminated/laid off, file for unemployment benefits while also actively seeking employment elsewhere.


    You have no cause of action against the employer from the facts presented.


    Best wishes.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Wrongful Termination?

    Agreed. A wrongful termination means that you were terminated in violation of a specific law which prohibits your being fired for the reason the employer did.

    It is the opt of the employer to demote you, with or without reason, with or without "representation" from HR (or anyone else) unless you have a legally binding contract that specifically says otherwise.

    It is legal to terminate you because you left 15 minutes early without permission, no matter how badly you were feeling over what happened.

    It is legal to terminate you as part of a downsizing of 20 additional people.

    You will almost certainly qualify for unemployment; however, nothing you have posted gives you anything remotely close to a lawsuit.

  4. #4
    Join Date
    Apr 2008
    Posts
    2

    Smile Re: Wrongful Termination?

    Thank you for the enlightenment.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Wrongful Termination?

    Quote Quoting jjkkamex
    View Post
    Thank you for the enlightenment.


    You are welcome!!

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