Legal Question in Employment Law in California

can employer demote me for no reason given and replace me with a person with less qualification than me aside from being the same race as the rest of the management?


Asked on 8/06/10, 8:18 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

An employer can not discriminate against a person on account of their being non-white [sometimes even whites are protected under anti-bias laws], but unless you can show some type of banned discrimination, am employer can largely do whatever they want unless you have a contractof employment or work rules handbook.

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Answered on 8/11/10, 8:41 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

As I'm sure you know, employers cannot make adverse personnel decisions based on race. But, as with any claim of unlawful discrimination, it must be proven by evidence. You should consult with an experienced employment law attorney in your area, to review the facts of your case and discuss options available to you. Be aware that the statute of limitations for a discrimination complaint is one year from the time of the discriminatory act.

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Answered on 8/12/10, 8:50 am
Terry A. Nelson Nelson & Lawless

If you have any evidence that this was in some way 'discrimination' based upon race, as seems implied in your post, feel free to contact me to discuss your facts and evidence.

The general rules are:

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 minimum wage laws, 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�, explanation or notice, 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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Answered on 8/12/10, 11:08 am


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