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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38901
Experience:  Retired (mostly)
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Hello I would like to know my rights as an employee. Ive been

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I would like to know my rights as an employee. Ive been a manger with my employer for 3 years and have consistent performance review, deployed a global process world-wide and have met all my deliverables. I have reported to 3 directors and 1 VP over the course of the last 3 years. I make less than the average manager. All 3 of the directors were let go including the VP. I never get promoted. New people come in and I have to report to them.
Recently, they changed the organization, and now I report to a senior manager, whereas I have always reported to a Director. I see this as a demotion. People know what my accomplishments are however, I am always bypassed and never promoted to senior manager or director (although i do not want to be a director).

I possess all the qulatiofications and have brough value to the organization. They hired a
white male 5 months ago, and now i am reporting to him which I see as a demotion. Do I have any rights?
In order to make out a cause of action against your employer, you must be able to show either (1) a connection between the failure to promote, and your race, color, nationality, religion, ancestry, sex, sexual orientation, pregnancy, age or disbiality; or, (2) that the employer has a written policy stating a particular process under which employees are promoted/demoted/disciplined, and that the employer has failed to follow its process with respect to you.

Cause #1 is the easier to win, because among other things, you have the benefit of a huge state and federal regulatory agency and a great deal of case law on your side -- and, you can receive prevailing party attorney's fees if you prevail.

Whereas, with cause #2, you must prove that the contract/policy exists and that the employer breached that contract by failing to promote, and no attorney's fees are permitted, unless your employment handbook/guide permits such fees (extremely rare for an employer to include an attorney's fee clause, because the employer generally has so much greater bargaining power and financial resources). Ultimately, most employees, even if they have a valid action against an employer under this legal theory, they cannot afford to pay an attorney to prosecute the case, because the attorney's fees are likely to overwhelm the value of any recovery -- unless the employee is very highly compensated, and the breach has continued for several years ($200,000 or more annual salary).

The above describes your rights. If you believe that you may have a cause of action, related to discrimination, then I urge you to contact an employment rights lawyer to determine whether it will be better to allow the government to process your claim, or to take the matter to a court immediately. If you believe this is a straight breach of contract matter, then while you may want to discuss it with the same lawyer, I suspect that your better course of action may ultimately be to "dust off your resume," contact a good HR recruiter, and find an employer who will appreciate your talent. I have know a great deal of persons in hi-tech fields, who have been in your position, and/or who have been terminated as a result of their difficulties with their current employer. Almost every one of them has found a better job with another employer -- once they actively started seeking new employment.

It's an old saying but a true one: Everyon wants the package that's still wrapped -- or, as Monty Hall/Wayne Brady frequently offered/offers, "What's behind door #2." It's a failure of the human condition to recognize the value of what is right in front of us. But, employers repeat this mistake over and over, without end, when it comes to employees.

Just the way of the world, and there's no fighting it.

Hope this helps.

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Customer: replied 4 years ago.

Hi Thank you for your timely response. Sound like resonable advise..I do not have enough money to fight this to the end, and yes, it would be nice to find another job but givent this economy; that seems like a ways off. If I feel I still want to at least file a grience then I will do some via EEOC. I'm not sure how far that will take me but this company is just plain flat out umethical. I'm sure that many others in my situation chose to walk away and say its not worth it. Me on the other hand, will not worsen my mental and physical health any longer.. I will however file if necessary.


again thank you for responding

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