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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38560
Experience:  Retired (mostly)
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I am being demoted after working Sheriff Agency. 12 years,

Customer Question

Hi, I am Jeanine. I am being demoted after working for a Sheriff Agency. 12 years, no inquiries, issues, or bad reviews. The first day in my new position I was asked by my department head to ask the sheriff for another position. I was also told I was on probation for 12 months. I started 12/14/15 until 4/2/16 officially. I was removed and put at front desk on 3/15/16. I was asked every week during a evaluation to see the sheriff and had a total of 10 or twelve evaluations since day one. I was also subject to being told my department head or another tenure employee would not train me, but one that started 10 months ago not off probation would train me.
I just found out I am demoted by my emailed personal action form by email. Is this right? What are my rights?
Submitted: 1 year ago.
Category: Employment Law
Expert:  socrateaser replied 1 year ago.

Hello,

Each county sheriff's department has an Equal Employment Opportunity (EEO) plan, which includes the right to complain about suffering unlawful discrimination, based upon race, color national origin, religion, sex, age, or disability. Since I don't know the county in which you're employed (and, except for a few large counties, the EEO plans are not available online), I cannot provide an absolutely definitive answer.

However, if you get a copy of the EEO plan, and you believe that there is some ulterior motive in your demotion and treatment related to unlawful discrimination -- or, if the EEO plan specifically describes some other right about which you may complain, then that plan is your "roadmap" to having this matter resolved.

Were I representing you, I would carefully review all of your facts, and compare it with the EEO plan, and then I would try to find a valid complaint. Then, I would draft a letter or fill out a complaint form (if one is provided by the plan), and I would file it -- because by doing this, the law requires that any further retaliation must cease immediately. And, in the real world, because it's very difficult for coworkers and supervisors to simply "turn off" the discriminatory conduct, this frequently is enough to actually create a new cause of action against the public employer for retaliation. Which then provides grounds for legal action, and to potentially force a settlement, before a lawsuit is filed.

That's the lawyer's game plan, and it's how you may want to proceed with your claims.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise the website retains your entire payment, and I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!