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Roger
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Category: Legal
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can an employer be sued for unfair demotions in the work place

Resolved Question:

can an employer be sued for unfair demotions in the work place? once someone is promoted to president in writing can the owner of the company demote that person and remove essential job tools with out any
form of documentation of poor performance?
Submitted: 4 years ago via USLaw.
Category: Legal
Expert:  Roger replied 4 years ago.

An employee can sue the employer for discrimination based on race, sex, age, disability or religion.

 

If the employee believes that the demotions are due to some discriminatory purpose, that employee can file a complaint with the EEOC (www.eeoc.gov).

Customer: replied 4 years ago.
so my understanding of your answer is, if it not based on race, sex, age, disability or religion, an employee can not sue her employer.

I was promoted to president of our company in feb of 09, in dec of 09 i was told i was no longer
president but now i held a lesser title. i was given no reason, no warning, no opportunity
to cure whatever he thinks i did or didn't do. now he is taking away job tools i need to perform
my job, (i am still expected to perform ALL of the duties of the president). for example, i am no
longer able to write checks out of the company check book. 3 years ago he added me to all of the
business accounts so i could handle all of the banking for our company. i went so far as to
set up new accounts (with his permission) within our bank as we needed them as our company grew. today i received an e-mail stating i could no longer write checks with out his prior written approval. again, there was no reason given, just the"new rule" this is one of many many examples of his policy changes with no explanation. i am under the impression he is making it difficult to perform my job duties so i give up and quit. on monday he asked me two give my two week notice and spend the next two weeks training my replacement. i declined. are there no options available to me. i have run this company almost entirely by my self for the last three years, i would hate to just walk away.
Expert:  Roger replied 4 years ago.

Essentially, yes. If you don't have a contract guaranteeing you employment for a certain period of time with certain duties, those can be taken away by the employer.

 

If you're an at will employee, you're really not guaranteed anything with regard to employment.

Customer: replied 4 years ago.
ok so if i can stick it out until he fires me, will i have a chance to sue him for
termination without any cause or validation?
Expert:  Roger replied 4 years ago.

An employer can terminate an employee for any reason or for no reason at all SO LONG AS IT IS NOT DISCRIMINATORY.

 

If you can rely on some grounds of discrimination, you could file a complaint. Otherwise, there are not many legal grounds for you to sue on.

Roger, Attorney
Category: Legal
Satisfied Customers: 26916
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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