Legal Question in Employment Law in California

Demotion as retailation?

After filing a claim of harassment against my supervisor I was written up with a bad evaluation. New management came in and said I was doing great, but listens only to the person I filed the claim against. We just went through a reorganization, myself and another person that complained about the supervisor (who got promoted)got demoted, although we do the work of the higher-level positions. I was told by personnel that we were demoted because we were verbal about this supervisor. Do I have any legal recourse (I was out on stress leave for a few weeks). I work in local city government so they won't fire me.


Asked on 4/02/03, 7:41 pm

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Demotion as retailation?

please email me with more detailed information on what all transpired and i may be able to further assist you.

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Answered on 4/03/03, 8:35 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Demotion as retailation?

I discussed your case with a colleague of mine. He is an expert in employment law issues; that is basically his entire practice. He says it looks like you have a case. Please email me if you would like to speak with him.

Regards,

Ben

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Answered on 4/04/03, 1:14 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Demotion as retailation?

Yes...demotion could be seen as a retaliation. In case of a termination..since...you work for local government..you have to go through Skelly hearing and evidentiary hearing process before you can bring your private lawsuit. So try to resolve this...before they get enough time to set you up for termination.

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Answered on 4/11/03, 2:23 pm


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