Legal Question in Employment Law in California

is it legal to get demoted and get a pay cut a month after submitting a restricted duty letter even though they said I was being demoted for being on my phone but from my understandings from coworkers they had already planned to demote me before that incident because a supervisor was offering my position to other coworkers and I also wanted to get a better understanding on the equal pay act


Asked on 7/19/14, 6:09 am

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

An employer can demote, fire, etc. an at-will (no written contract for a specified term) employee for any lawful reason. If you were demoted for making personal calls at work, your demotion is lawful. If you were demoted BECAUSE of a serious medical condition or disability, it is not lawful. The Equal Pay Act requires that men and women be paid equal amounts without gender discrimination. (Use of punctuation instead of one long run on sentence helps the reader understand what you are trying to communicate.)

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Answered on 7/19/14, 12:04 pm
Terry A. Nelson Nelson & Lawless

"Legal"?

Yes, you just described a 'political' issue, not illegal discrimination or retaliation. They gave a valid business reason for the action. You would have to "prove" otherwise and 'prove' it was retaliation for the duty issue to overcome their reason specified.

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Answered on 7/19/14, 4:00 pm


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