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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16288
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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My employer just demoted me with no notice. The demotion is

Customer Question

My employer just demoted me with no notice. The demotion is $12000 less a year. Can they do that?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Legalease replied 3 months ago.

Hello there -

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Unless you are a union member and the union has a specific written contract with the company governing who is hired, fired, promoted and demoted (typically by seniority (years service)) OR you have a written contract between just yourself and the employer setting forth the terms of your employment including how and when you can be demoted. promoted or terminated, then you are what is legally called an "EMPLOYEE at WILL". Under the employment at will laws, an employer has the legal right to hire, fire, promote or demote any employee for any reason or for NO reason whatsoever (the employer does not have to give you a reason but most employers will provide a reason so that they can say they are not discriminating against any one person due to race, gender, age, disability, religion, sexual orientation).

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The only way their actions would be illegal is if (a) they are discriminating against you due to gender, race, age (over 40), disability, religion or sexual orientation, or (b) if you are using Family Medical Leave Act time and/or you are getting accommodations under the Americans with Disabilities Act (ADA) and the employer simply decides that they no longer want to comply with these federal anti discrimination laws and workplace accommodation laws and is demoting you as a means to try to pressure you to leave the company on your own because they know if they terminate you then a lawsuit will be forthcoming as well as inquiries from the US Equal EMployment Opportunity Commission and the Illinois Workplace discrimination agency.

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I truly wish that I could tell you something differently here, but I cannot. Please keep in mind when you are pressing a rating above that I do not create or make these laws and I can only tell you the truth of the matter based upon the facts that you present to me and the current status of the law. Please let me know if you have any additional questions or you need clarification on anything and I am happy to assist you further. If not, can you please press a positive rating above in the star rating section (the middle star or the fourth or fifth star to the right of the middle star is a positive rating) so I will be paid for my time assisting you today. I am paid nothing unless you press a positive rating above so I do greatly appreciate it. THANK YOU VERY MUCH
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MARY