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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111568
Experience:  20+ Years of Employment Law Experience
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I have been employed at Company XYZ in Michigan past

Customer Question

I have been employed at Company XYZ in Michigan for the past 8 1/2 years and was promoted to supervisor after three years with the company. I have received good evaluations in the past with one exception, my stress got the best of me last year and I lost
my temper with staff which resulted in my being written up. Since that time, I have had no further issues and continue to perform my job in a professional manner. Currently, I am on a temporary work assignment for a month at an off site location and will be
back in the office at the end of June. I should note that our company is not under contract with our local mental health authority to perform this service. In the meantime, I have been made aware of a new plan to have someone else fill my role as supervisor
and I will be named the "coordinator of something" with the same salary. The person who may take my job was promoted to supervisor around last year by the head of the company without the benefit of a job posting internally or externally. This was the case
with another employee also promoted to supervisor and as you can imagine, chaos reigned with "three supervisors" in one department. Unlike me, they have no staff to supervise, yet the staff has been somewhat confused about reporting protocol. This story goes
much deeper, but my question is this? Are they able to legally change my role just like that? Is this a demotion even with the same salary ?My temporary assignment is not a contractual requirement and technically is not a role within this company. I have a
sinking feeling that he is within his legal right to do whatever he wants to do and I may not have much of a choice. Please advise.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Do you have a written contract with the employer? Is there a union contract requiring posting of jobs or governing promotions?
Are they doing this to you based only on your age/race/sex/disability/national origin?
Customer: replied 1 year ago.
This is an at-will company, therefore no union contracts and I am a salaried employee. In response to the last question, I cannot prove discrimination based on the categories presented.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Sorry for the delay in response, but I had a previous engagement Saturday evening.
Unfortunately, as an at will employee the employer has most all of the power. The employer can change an employee's job title, position, even salary of an at will employee for no reason at all or for any reason that is not based only on the age/race/sex/disability/national origin of the employee.
Thus, upon bringing you back from your assignment they could change your position, just as long as they are not doing so based only on your age/race/sex/disability/national origin.
As far as whether or not it is a demotion, it depends on the functions and duties they have you performing, but if the pay is the same it is certainly at least a similar position as coordinator.
Customer: replied 1 year ago.
Thank you so much for your response. I had a feeling that would be the case. I will request you again in the future.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you so much.
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