Legal Question in Employment Law in California

Job title and pay rate has been changed.

The day I went on maternity leave, human resoures told me that when I come back from my leave I will no longer be a manager and that I will be paid hourly. I was aat the time in a hurry and didn't ask no questions in why am I being demoted. I also did not agree to anything. Now that I am going back to work, I want to know if it was legal for them to do this?


Asked on 12/19/01, 7:17 pm

2 Answers from Attorneys
Peter Lareau The Law Offices of Peter Lareau

Re: Job title and pay rate has been changed.

Whether or not it was legal for them to demote you will depend on why they demoted you. If they demoted you because of your pregnancy, the demotion would be unlawful. You need to find out in more detail exactly what led to their decision.

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Answered on 2/04/02, 9:22 pm
Paul Crost Reich, Adell, Crost & Cvitan

Re: Job title and pay rate has been changed.

The way you describe the situation, it sounds like you have a valid claim of discrimination. Under California law, you have a right to return to the job you had before your leave. Unless you would have been demoted regardless of your leave, you can seek reinstatement and lost pay through a complaint with the Dept. of Fair Employment and Housing in yoour area, or you can consult an attorney.

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Answered on 2/06/02, 2:33 am


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