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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I have a friend who works for a large corporation and was just

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I have a friend who works for a large corporation and was just recently demoted. She has no previous issues and no write ups at all. She is excellent at her job, as a matter of fact she's already been offered several other positions within the company by managers who know what she's capable of. The thing is when they demoted her, they told her they were already bringing in someone else to fill her position. This person was transfering from another store location and transfers take a couple weeks to process. So they had already intended on replacing her with someone older and more experienced. Two days after they demoted her they already had the new transfer working in her position. I believe this is due to her age...she's 20 years old. Is there anything that can be done about this?

wallstreetfighter : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
wallstreetfighter : This is an unfortunate situation,
wallstreetfighter : is is clear she has been treated differently due to her age, however
wallstreetfighter : under the law in Missouri and Federal law, age discrimination is limited to employees who have been discriminated against, is they are over
wallstreetfighter : age 40 or older,
wallstreetfighter : it does not protect younger workers,
wallstreetfighter : if the employee can claim that her gender, race, or other protected civil right may be a reason, then she can file a discrimination complaint.
Customer: It's not clear cut that it was because of her age at this point, unfortunately. Another thing is that they actually didn't even let her decide if she wanted to take the demotion. They automatically hired someone else without her coming to a decision.
wallstreetfighter : Unless she is part of a Union or has an employment contract, the employer in Missouri, is allowed to demote or terminate any employee at anytime, as Missouri is an at will state,
Customer: Yeah I knew that much, just didn't know the age discrimination was only to 40 and above.
wallstreetfighter : If you have any further questions please do not hesitate to ask.
Customer: Thank you much for the info, I kind of expect that but wanted a professional opinion on the issue.
wallstreetfighter : Also, The Missouri Human Rights Act (the Act) protects individuals who are 40 or more years of age but less than 70 years of age from employment discrimination based on the individual's age. The Act’s protections apply to both employees and job applicants. Under the Act, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.Good luck, and if you are satisfied please provide us with positive feedback.
wallstreetfighter : .Good luck, and if you are satisfied please provide us with positive feedback.
Customer: Of course, thank you for your time.
wallstreetfighter : thank you.
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