Legal Question in Employment Law in Pennsylvania

forced demotion without cause

I am currently ther manager of a corporately owned rent to own business. During a visit, I was advised by emergency room physicians to try to eliminate stress factors from my private and professional life. I spoke with my supervisor of the medical concerns and after a few conversations, we agreed that I would take a vacation week to wrap up certain personal stressors and return to decide together if I should take a different position in the company. I am now nearing the end of my vacation week and he has communicated to my that I will be forced to step down from my management position to a lessor position. (This equates to a pay cut of approximately $20,000.00 per year). I told him that any demotion would not be voluntary and that I wished to remain in my current management position. I have no input in the decision. I have been in this position for 6 mos. and have had no ''write-ups'' or any type of corrective action. To the contrary, the store began to improve as soon as I took my position. The only reasons given for this forced demotion have been: my doctors concerns, employees forgetting to tuck in their shirts, and employees complaining about work while on breaks. I live in PA and hope I have some kind of recourse.


Asked on 10/21/07, 3:14 am

1 Answer from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

Re: forced demotion without cause

I assume you have no writen contract. This would give you some rights. pennsylvania is an at will employment state. basically the employer can terminate you for virtually any reason. Likewise you can leave employment at anytime. There are however some protected rights which if violated protect a worker. The facts you relate may indicate a disabilty you have or that is oerceived by the employer. If they are discrininating against you for the perceived or actual disability then you may have a claim. You should discuss this further with an attorney. You may call my office to schedule a consultation if you desire.

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Answered on 10/22/07, 2:47 pm


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