Employment Law

During a probationary period of time can an employee be demoted…

Customer Question
During a probationary period of...
During a probationary period of time can an employee be demoted without being observed? Without proper training? Without any documentation from immediate supervisor addressing issues? Without receiving an evaluation as required?... Read full answer
During a probationary period of time can an employee be demoted without being observed? Without proper training? Without any documentation from immediate supervisor addressing issues? Without receiving an evaluation as required?
Submitted: 8 years ago.Category: Employment Law
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Answered in 5 minutes by:
1/30/2011
Employment Lawyer: wallstreetfighter, Employment Lawyer replied 8 years ago
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,267
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

wallstreetesq. :

If you are an at will employee the employer is allowed to change your work position.

wallstreetesq. :

However, if you signed a contract stating what your job duties are and what your salary would be, that would be different and they would be bound by the terms of your agreement.

Customer :

I work for a government agency, I did not sign a contract. I went through the hiring process and was promoted. At the time I was demoted, my supervisor did not realize I was still on probation, it came up in our conversation. I had a co-worker who complained and my supervisor made her decision based on verbage "age discrimination" "work-place harrassment". My supervisor had a private meeting with my co-workers and without my knowledge and without ever observing our shift work together took the negative comments even though it involved only one (2) co-worker.

wallstreetesq. :

If you worked for a government agency you may be protected by company policy, however when in a probationary period the employer would be able to rescind an offer during that time.

wallstreetesq. :

You will need to review the govermnent agency policy and HR employment policy to see if you were given any rights while being in probation.

Customer :

Even though I was not observed in the work place with my co-worker, We work a night shift and at no time was my supervisor present? Even though I was denied crucial training?

wallstreetesq. :

Yes, as you are an at will employee which means the employer can demote you or fire you for any reason.

wallstreetesq. :

The issue is were you given rights as a full government employee would have such as "cause" to be proven for demotion or termination.

wallstreetesq. :

If you were afforded rights through the HR policy or contract than you could sue them for their actions

wallstreetesq. :

If you have any further questions please do not hesitate to ask.

wallstreetesq. :

If you are satisfied with our service please press the accept button so we can reeive credit.

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