Can my company demote me to a lesser paying job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my company demote me to a lesser paying job?
My company promoted an employee to a management position. They asked me to fill his old position. He has since decided he doesn’t like the new position and wanted his old job back. They have offered me a choice of two lesser paying positions and is giving my position to the employee who stepped down.
Is that legal?
Asked on February 12, 2017 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless this action breaches a term of an employment contract or union agreement, it is legal. The fact is that most employment is "at will" which means that a company can set the conditions of work much as it sees fit, absent some form of legally actionable discrimination. This means that an employer can promote/demote as it chooses. Therfore, while your treatment is seemingly unfair, it is unfortuntely legal. So your choices are to either accept this demotion, complain but risk termination, or quit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.