Legal Question in Employment Law in Maryland

Can an employer demote a manager for unfounded accusations? This is following cancer treatment, where the employee had to work a modified shift for 1 month to receive daily radiation. Now they are asking for the doctor to sign off on any current restrictions due to the illness, and are temporarily demoting the employee to a "new" position that is not managerial in nature. However, they are claiming that all of this is because of some accusations that have come up regarding the use of profanity, even though they have no evidence. The have now ruined the employees reputation and created a less than healthy work environment. Any help or direction would be appreciated. Also, looking for a lawyer to assist in this.


Asked on 8/05/10, 12:55 pm

1 Answer from Attorneys
Dipo Akin-Deko Akin-Deko Professional Services Firm PLLC

Regarding your first question of whether a manager can be demoted; The answer is yes. If you are an employee at will, you can be hired, fired etc for any reason at all. However if you have certified disability or applied for FMLA and that is the reason for your demotion, then that is another story. If the articulated reason for you being demoted is false then you may have a claim; however an attorney would still need more information on the matter.

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Answered on 8/11/10, 8:11 am


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