Legal Question in Employment Law in Puerto Rico

Demoted

I was currently told by my supervisor that on monday his immediate supervisor will be demoting me. The reasons for this are ''the company is decreasing costs and that it is taking place company wide, at least 1 sales supervisor is being demoted''. My immediate supervisor told me this in ''strict confidence'' he also told me that I should refuse the demotion and ask to be a sales agent on my behalf to avoid the ''bad record reflection on my employee file''. Ive never been warned about lack of performance or anything regarding this matter prior to action today. Now on monday I need to make believe non of this was mentioned by him so I can ''voluntarily ask to be placed as a sales agent in the company because its my decision not theirs''. Ive been a Sales Sup for close to 2yrs now. Is this legal or what partof is isnt?


Asked on 12/26/08, 6:34 pm

1 Answer from Attorneys
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Demoted

It would be legal so long as it is entirely voluntary. You may have substantial rights if you accept this agreement. However, you may be entitled to other rights or compensation if you prefer to accept a lay-off/severance offer, or if you call this a constructive dismissal.

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Answered on 12/29/08, 11:09 am


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