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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15463
Experience:  Employment/Labor Law Litigation
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I am a disabled veteran. I have worked for the same company

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I am a disabled veteran. I have worked for the same company for 16 years, have always had positive reviews, and recently had 1 write up, where they demoted me , cut my pay 15,000, and took back my stock options. They also told me I had 30 days to show improvement or I would be terminated. Is this legal? Do I have any recourse? I have moved cross country three times for the company.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

It's not illegal to demote someone based on a single write up or, in fact, no write up at all, unless that person has a contract of employment specifically stating that the terms of their employment may not be altered without their consent.

Now, you've mentioned being a veteran and disabled, but those facts alone give you no protection from demotion or termination. Only if you are alleging that one or both of those factors actually played some part in your demotion will it have any legal bearing.

If you believe that you are veteran status or disability was an actual basis for your demotion, you need to complain first to HR and then, if they do nothing, contact the EEOC in your state to complain about discrimination. It is important though to first start with the HR of your company, because it takes away a defense that might otherwise raise (that they didn't get a chance to cure the issue before you complained to the EEOC). Making the complaint to HR is a protected activity.
Customer: replied 1 year ago.
So if I do in fact get terminated are they obligated to pay me a severance package
Expert:  Allen M., Esq. replied 1 year ago.
No state or federal law requires the payment of severance.

So, there would only be two circumstances in which you would receive severance.

1. You have some sort of contractual guarantee of severance, be it a personal contract, company policy or collective bargaining agreement.

2. The company chooses to give you severance because they want you to sign a waiver of the right to sue or they just want to reward you for your long service. This is entirely at the discretion of the employer though.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15463
Experience: Employment/Labor Law Litigation
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