Legal Question in Employment Law in Puerto Rico

Demotion
I am currently still employed at a sales company in P.R. for just about 2yrs+ as a Performance Mngr. On friday I was asked to meet with the V.P. of S.J Operations, the meeting never took place. I asked my HR rep to explain the urgency of the meeting and she declined at the time she happened to leave a document on her desk with my name on it the partially read'' that my performance was not up to std and that I was being demoted to a sales agt at a pay rate of $10hrly. I was told by the HR rep to forget about the meeting. Later that day I was called in to my immediate Sup office and asked to lunch and a few beers to discuss some matters. I refused the lunch offer and said i would like to discuss the matters at the office now that I had the time and wasnt busy. My immed Sup told me that I was going to be demoted and that I should tell the HR rep that i will volunteer to be a Sales Agt as oppose to recieving a demotion I should volunteer for it and take a pay cut obviously as oppose to having no job at all. My question based off of what Ive detailed is; should I decline and ask why? Can I receive a pay cut and or demotion w/out prior notice or warnings on file? Can I be persuaded by my employer to volunteer a demotion?

Asked on 12/28/08, 4:16 pm

Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

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Re: Demotion

You should evaluate this situation depending on the truthfulness of the company's situation.

If you decline, you may be laid-off. Then, you will receive compensation only if you establish that the justification proffered was false.

You may be offered a demotion without prior notice, if the company is facing harsh economic situations that justify the reduction in costs.

Yes you may be persuaded to volunteer to a demotion.

Answered on 12/29/08, 11:23 am

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