Employment Law Questions? Ask an Employment Lawyer.
Hello MaryThis is Samuel and I will discuss this and provide you information in this regard.Can you tell me please:1 - Are you under an employment contract - that is a written agreement with a start date and an end date with a specified salary for that timeframe?2 - Are you the only one in the company at age 40 plus?3 - Is someone younger than you taking your old position?
4 - Have they provided any reason at all for your demotion? And to be clear your pay remains the same?
Ok. Thank you.Unfortunately, you are an "at will" employee. If you can prove that the change is because you are over the age of 40, then you can consider filing a complaint for age discrimination with the EEOC. However, because the pay is the same and only the title is changing I suggest you might not have a case. Without solid evidence of the demotion solely based on your age, then I suggest the only way you might have a case is if they are asking you to perform duties that are considered to be illegal to which you have refused and so they are demoting you.
You can review this LINK for recent Case Law from VAOf course, you should always consider consulting with a local attorney who may be able to fully review the situation for you and obtain more information than I can garner via this venue.
While that case deals with a wrongful termination and not a demotion, it still is the case law established on this subject matter.
If you have more questions or need clarification you can post here and I will respond. Otherwise, a positive rating will ensure I get credit for my time and information provided.I wish it was better news for you. But as I stated, if you consult with a local attorney they may be able to find something more that I cannot see at this time, based on your facts.