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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15596
Experience:  Employment/Labor Law Litigation
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Ive been working for b&r properties & been promoted to a maintenance

Resolved Question:

I've been working for b&r properties & been promoted to a maintenance supervisor for two years now. They just demoted me and I took a 6 dollar pay cut . Come to find out they never gave me a reason & now they have hired a family member with no experience to take my place. The manager there told me sorry they are transferring u & it was nice working with u & thanks for all the hard work is all I got from them.. I really feel discriminated against me..is there any thing wrong here with this picture? I really worked hard for my position and to be thrown out the door like that really hurts my budget as well..
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.

 

Did you have an employment contract stating that you could only be terminated for cause?

 

When you say that you feel discriminated against, are you just referring to this demotion based on them wanting to hire a family member, or are you saying that the employer discriminated based on your race, religion, gender, age, disability or FMLA use?

Customer: replied 1 year ago.
The contract part I'm not sure of. But I feel discriminated only due to gettin rid of me for a family member . But they always tell me that there are other people ahead of me that needs to get a home property before me , so y does this guy with no experience get to take my job wen he should start from the botXXXXX XXXXXke I did for this company.. the family members are not the owners of b&r .
Expert:  Allen M., Esq. replied 1 year ago.

Unfortunately, it is not illegal in our country to expressly discriminate in favor of a family member. Certainly, some government's have passed laws on the issue for government employees and positions, but in the private sector there simply is not any law against hiring family over other people or even demoting something in order to bring a family member into the position.

 

So, you need to find out about the contract issue, because if you have no employment contract like the one I mentioned, you are an "at will" employee in your state and can legally be terminated at any time, with or without cause. Demotion, being a lesser adverse action than termination, is also permissible "at will" without a contract of employment.

 

It is unlikely that you have one. They are very rare and you'd probably know if you had one, because they are heavily negotiated in advance.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15596
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 3 other Employment Law Specialists are ready to help you

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