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I have been demoted no exp;lanation or reason. I tried and…

Customer Question
I have been demoted...

I have been demoted no exp;lanation or reason

Lawyer's Assistant: Have you discussed the demotion with a manager or HR? Or with a lawyer?

I tried and my boss just said things are changing and you have to be nice to the new manager

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will i was promoted by a boss that died shortly afterwords but they will not tell me why

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ummmm i am over fifty a woman and the new manager is a friend of another supervisor

Submitted: 4 months ago.Category: Canada Law
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Answered in 2 minutes by:
3/22/2018
Lawyer: LegalPro54,
 replied 4 months ago
LegalPro54
Category: Canada Law
Satisfied Customers: 14,557
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Do you believe that you were demoted BECAUSE you are a woman or over 50? If so what makes you believe that is the reason specifically? I very much look forward to assisting you on this matter.

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Customer reply replied 4 months ago
all other employees are under the age of 30 and best friends i am the only woman on shift and feel that i am given most of the work so they can hang out
Customer reply replied 4 months ago
i was never given a reason or even told i was demoted until i figured it out by myself and asked without an answer as to why just to keep the peace
Customer reply replied 4 months ago
i asked again but i was rudely told not now I'm busy by text message and afraid to loose my job if i ask again
Lawyer: LegalPro54,
 replied 4 months ago

Thank you.

What makes this situation difficulty is that no law requires employers to be generally fair or treat all employees the same. Employers are free to have "personal favorites" and form cliques. It's bad management but it does not violate the law. To have a legal claim you would need to show that you were demoted specifically BECAUSE you are a woman or specifically BECAUSE of how old you are. Proving this sort of motivation can be very difficult. In general, you would need more than simply being the only older woman, as by that logic anything unfavorable EVER done to you would be "discrimination." Usually judges and juries want to see specific derogatory comments made about age or gender, or a very specific pattern of favoritism that can be linked to one of those protected traits. I am not really hearing that based on what you have described, but by all means you are still able to file a complaint with the EEOC, which is the federal agency that investigates gender and age discrimination claims. The EEOC will investigate your claim and attempt to mediate a resolution with your employer. That not forthcoming, they will issue you a "right to sue" letter, which will enable you to pursue a lawsuit with the assistance of a local employment attorney.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Lawyer: LegalPro54,
 replied 4 months ago

My apologies, I see now that you are in Canada. Somehow your question was misclassified into the U.S. section of this website. I will opt out so that you can receive an answer based on Canadian law from a Canadian attorney...

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Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,041
Experience: Lawyer
Verified

I am a lawyer in Canada and happy to help.

I am sorry to hear this.

What province are you in please?

Are you in a union?

How long did you work there for?

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Lawyer: Debra, Lawyer replied 4 months ago

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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