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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
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Experience:  Former judicial law clerk, lawyer
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I am a 44yr old white female Was demoted to a lesser role

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I am a 44yr old white female
Was demoted to a lesser role that I have held for 11 years without warning or real reason based on performance.
A white male was brought in the position which was held by my former boss who left and his position was never filled.
Demotion was said to be due to budget
Placed in lesser role out of corporate position to a location position with longer hours and weekend / holiday work.
Wage would remain the same

Is there anything worth looking into?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If the decision really was based on your performance, then your employer unfortunately is allowed to move you to another position. However, if they are moving you to a less favorable position because of your age or because you are a woman, that is not allowed. "Budget" reasons doesn't seem to ring true if they're paying you the same, unless they would have to pay someone else more to do the job you've been moved into. It's likely at least worth trying to accumulate more information. They can't move you to another job because you're over 40 or because you're a woman, and if you've been replaced by a man under the age of 40, that can tend to hint at discrimination (if their stated reasons are not valid).

Federal law allows a plaintiff who successfully sues for employment discrimination to also recover attorney's fees. So, you may want to consider having a local attorney do some investigating for you or attempt to negotiate a resolution with your employer on your behalf.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.
Thank you- it is not based on performance at all and nothing in my file- basically just pushed out of my position and in stead of 2 people in the department there is now only the guy they brought in that would have been my boss.
Expert:  Lucy, Esq. replied 1 year ago.
Unless they legitimately cannot afford to sustain your department and they consolidated the two positions into one, then you may have a claim against them. If they combined the two positions and transferred you instead of firing you, that wouldn't be discriminatory.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 20432
Experience: Former judicial law clerk, lawyer
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