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My husband is being demoted with vague reason and cutting…

Customer Question
My husband is being...

My husband is being demoted with vague reason and cutting his pay when just a week ago he ask his boss if he has problem with his work and he said no he is doing a good job but my husband feels he has a problem with him coz he always bypass him and doesn't listen to him instead listen to his analyst who is one of my husband staff and happens to be his boss friend

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

My husband is the manager so it just him and his boss

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will, salaried

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

He feels that this is personal, my husband was promoted as a manager being an analyst, good rating, but his boss micromanage him want to discipline one of his staff that happens to be his boss friend, and this person doesn't go to him when in fact he is his boss, he go straight to my husband boss and this is allowed and now he demote my husband while he ask what is the reason and he cannot come up with good reason only vague

Submitted: 2 months ago.Category: Employment Law
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Answered in 1 minute by:
5/30/2018
Employment Lawyer: Ray, Employment lawyer replied 2 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,811
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 2 months ago

Is your husband here over 40 or was there other discrimination here, some more please,thanks

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Customer reply replied 2 months ago
no, well the review of the people who work there is not good and a lot of people quit
Customer reply replied 2 months ago
no
Employment Lawyer: Ray, Employment lawyer replied 2 months ago

So here he is at will employee unless he can claim discrimination.If he is over 40 or he can claim discrimination also based on sex or race.It is very common for them to claim one thing when reality is they want to replace the worker with a younger and cheaper employee.

EEOC file here

https://www.eeoc.gov/employees/charge.cfm

f you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action.

All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge. The laws enforced by the EEOC require the agency to notify the employer that a charge has been filed against it.

A Charge of Discrimination can be completed through our EEOC Public Portal after you submit an online inquiry and we interview you. Filing a formal charge of employment discrimination is a serious matter. In the EEOC’s experience, having the opportunity to discuss your concerns with an EEOC staff member in an interview is the best way to assess how to address your concerns about employment discrimination and determine whether filing a charge of discrimination is the appropriate path for you. In any event, the final decision to file a charge is your own.

If you have 60 days or fewer in which to file a timely charge, the EEOC Public Portal will provide special directions for quickly providing necessary information to the EEOC and how to file your charge quickly. Or, go to https://www.eeoc.gov/field/index.cfm and enter your zip code for the contact information of the EEOC office closest to you.

Please consider EEOC complaint here to seek protection from being at will employee.

If EEOC finds in his favor he gets right to sue letter and can sue here.Also if they take any further action its protected as retaliation.

he EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:

  • filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
  • communicating with a supervisor or manager about employment discrimination, including harassment
  • answering questions during an employer investigation of alleged harassment
  • refusing to follow orders that would result in discrimination
  • resisting sexual advances, or intervening to protect others
  • requesting accommodation of a disability or for a religious practice
  • asking managers or co-workers about salary information to uncover potentially discriminatory wages.

Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violateEEO laws, even if he or she did not use legal terminology to describe it.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it i s much appreciated.

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