Employment Law

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I need to know if I can legal be demoted..If I was

Customer Question
I need to know...

I need to know if I can legal be demoted..If I was bartending and got caught up in a decoy..6 weeks later they are taking away my position saying that the legal team says I no longer and able to bartend

Lawyer's Assistant: Have you documented this or discussed it with HR?

No not yet

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

Full time

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

This has happened before two others with no consequences

Submitted: 8 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/29/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,453
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

In employment law, in the absence of a contract of employment stating that you can only be terminated for cause, your position is "at will." That means that your position and its terms can legally be changed at any time, with or without cause.

Here, they have a cause...the decoy issue. Now, you noted that two others had no consequences. That, by itself, is not illegal. Nothing in the law says that an employer has to punish everyone equally. However, if you have reason to believe that you were punished differently due to your race, religion, gender, age (over 40), disability or FMLA use, then that would be illegal. This is why many attorneys tell employers to be even-handed in their punishments. If they punish people differently and those people differ in any of those categories that I mentioned, it could be argued that it was that difference that was the motivation for the differing treatment.

If you believe their motivation to be one of those factors, you have to file a complaint with the EEOC (or Department of Labor for FMLA use discrimination) in order to have it resolved.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 8 months ago
I believe it is because I am a woman and I am 46
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

Those are both protected classes, so you can certainly file a complaint with the EEOC to have them investigate the matter.

That is a protected complaint, meaning that the employer can't legally retaliate against you. If they do so, they basically hand you a free lawsuit that is much easier to prove than the underlying complaint of discrimination, so most employers behave very well after an EEOC complaint has been filed.

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