Legal Question in Employment Law in California
I have been at my company for 5 years. I was promoted the third year and hadn't had any complaints, write ups or any negative activity. I was recently demoted, told that I was "better suit at my previous position and got put into my higher position too soon".
My salary was also cut.
First question: is this legal? Are there are repercussions I have against my employer? I basically accepted the demotion without asking any questions and accepted what was told to me.
Second, I was told that someone would be put in my position so I could teach him the ropes and he could ease my workload. What happened was that I was demoted, and he was promoted, but none of this was verbalized to me immediately. It's almost as if my boss was trying to ease me into this.
Something doesn't seem right here. I have worked very hard for this company, never taking sick days and working whenever/as much as they asked of me.
Thank you for any information
2 Answers from Attorneys
Unless you have a personal employment contract, a union contract, or were actually defrauded, and as long as it is not based on illegal discrimination, your employer can do whatever they want to you as far as terms and conditions of employement, including fire you at will. Your right is to quit at will.
The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
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