Legal Question in Employment Law in Alabama
Demoted, then quit....
My husband was employed by a company that contracts to install satellite dishes. He was promoted to Manager of a region after 3 mths. After nearly 6mths he and other employees were random drug tested. He failed the drug test, as well as several technicians. He was then suspended until he could test clean, then demoted to technician and told that it was temporary. The technicians were suspended until they could test clean. My husband returned to work after less than a week, and worked as a tech. The first pay period after he returned to work, he recieved no paycheck. They said it was due to the fact that he was no longer management and that they had to put him on a different schedule. He then quit, because he felt that it was a series of retaliations against him for a mistake. They have not payed him his bonuses since he was promoted, and are saying that it is because all jobs that are in ''held'' status due to incorrect paperwork etc. have to be cleared before he recieves ANY of the money that they owe him. What I want to know is this, should we have taken action on the demotion, and also, is there anyway to make them pay the bonuses, at least the ones that are not on ''held'' jobs.
1 Answer from Attorneys
Re: Demoted, then quit....
With respect to suing for the demotion, it is highly unlikely that you could successfully bring such a lawsuit. Absent race or sex discrimination (and a few other types) there is little protection for workers in Alabama. Popping positive on a urinalysis is a sufficient ground to demote or terminate an employee regardless of the situation.
The bonus money is also a difficult case. While it may be legally obtainable, in my experience it is rarely worth the effort. Unless it is over $5,000 it is unlikely that an attorney would be interested in the suit.
However, if they have not paid you for your hours worked - that is a different issue entirely. There are virtually no excuses for failing to pay a worker in a timely matter. The Fair Labor Standards Act governs this matter and there is a mandatory attorney fee provision that forces companies to their senses pretty quick.
If in fact your husband did not get paid for his week's work as a technician than any attorney in the area should be interested in the case. If you're in the greater Birmingham area, send me an email at [email protected].
Sterling L. DeRamus
Attorney at Law
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