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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 30808
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Can my employer decide to re-structure the company, demote

Customer Question

Can my employer decide to re-structure the company, demote me, and reduce my salary?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Tina replied 9 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have an employment contract with the company that they may have breached by taking this action? Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 9 months ago.


I do not have a contract, it is an "at will" employer. I don't have reason to believe that it's discrimination; however, I am the oldest employee at this site.

Expert:  Tina replied 9 months ago.
Hello again and thank you for providing this additional information.

As an employee at will, an employer can typically restructure and demote and even terminate employees to meet their business needs. However, there are exceptions to the employment at will doctrine which prohibit an employer from selecting employees based on discriminatory or retaliatory motives.

Since you are the oldest worker at the site, that could be construed as circumstantial evidence of age discrimination if other similarly situated employees who were significantly younger were treated more favorably or if you are replaced with a significantly younger employee who is not more qualified for the job. If one of these circumstances exists and you are 40 or older, then a claim for age discrimination could be made and you could pursue it along with compensatory damages by first filing a complaint internally.

If the employer does not promptly resolve the situation through their complaint process, then a charge of discrimination should typically be filed with the state Dept. Fair Employment and Housing.

If you wish to pursue such a claim, then it would also be best to retain a local employment law attorney to represent you and guide you through the process.

If you have any reason to believe some other form of discrimination or retaliation is involved, please let me know and I would be happy to address that as well.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina



Tina, Attorney
Satisfied Customers: 30808
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and 2 other California Employment Law Specialists are ready to help you
Expert:  Tina replied 9 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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