Employment Law

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I was recently;y demoted from my position as store manager…

Customer Question
I was recently;y demoted...

I was recently;y demoted from my position as store manager and I want to know my rights. I feel it was not justified.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

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

?

Lawyer's Assistant: What confuses you?

I dont know what else I want the lawyer to know.

Submitted: 8 months ago.Category: Employment Law
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Answered in 2 minutes by:
9/16/2017
Employment Lawyer: TJ, Esq., Attorney replied 8 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12,666
Experience: JD, MBA
Verified
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.
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Employment Lawyer: TJ, Esq., Attorney replied 8 months ago
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.If a person has no employment contract that limits whether he can be demoted, then he is considered an employee at-will. The employment at-will doctrine states that either the employer or the employee may change the terms of the employment relationship at any time and for any reason.Over the years, courts and legislatures have carved out narrow exceptions to the employment at-will doctrine for illegal discrimination and retaliation, but they are exactly that -- Exceptions. If the exceptions don't apply, then the courts will simply view the change of the terms as a lawful business decision, and therefore, such a decision will not be overturned even if it was unfair or can be proven to have been poorly made. It sounds harsh, but it's that same principle that allows the employee to demand a raise or quit that job if he were to find something better. In other words, the employer is not shackled to the employment relationship any more than the employee is shackled to it.So, in your situation you need to determine whether you believe that the demotion was due to illegal discrimination. If so, then you may have a case, and you may wish to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating illegal discrimination in the workplace. Once the EEOC investigates, it could agree that illegal discrimination took place, and attempt to work out a settlement with the employer. If the EEOC cannot work out a settlement, or if the EEOC does not find that there was illegal discrimination, then a person can request a right to sue letter, which gives that person the right to sue his/her employer for violating the law.You can file a charge by following the instructions found here: https://www.eeoc.gov/employees/charge.cfmDoes that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)
Ask Your Own Employment Law Question
Employment Lawyer: TJ, Esq., Attorney replied 8 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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