Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > OHSA, State, & Federal Labor Laws Posting Requirements > California Labor Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 06-09-2005, 02:50 PM
mvacas mvacas is offline
Junior Member
 
Join Date: Jun 2005
Posts: 2
Default Can I be demoted?

I wanted to know if I can de demoted and have my wages reduced? This is my situation. I started as a receptionist 3 yrs ago and since then have be promoted several times. Just two months ago the receptionist got fired because she was going into surgery and the owner said they needed someone here full time. they got someone to replace her. Three weeks ago they sent the receptionst to another dept. and left me to do my job plus answer phones. I was told then it was temporary and now i find out it is more than just temporary it's going to be for a long time. I never got a raise nor was I asked if I wanted to take on the extra responsibility. I feel that the owner is trying to piss me off so that I would quit, he can't fire me because he has no just cuase and he doesn't want me to collect unemployment. When I mentioned that I had enough responsibilty with my job alone and that they need to hire a receptionist or at least give me a pay increase they said that if I couldn't handle the work they would just put me back as recetionist. If they do this can the reduce my pay? Can they demote me just because I am asking for a raise. Help I am really stressed out about this and I hope you can answer my questions
Reply With Quote
  #2  
Old 06-09-2005, 02:51 PM
LConnell LConnell is offline
Senior Member
 
Join Date: Jul 2004
Posts: 5,056
Default Demotion

Unfortunately for you, an employer can demote an employee, as long as the reason for the demotion isn't based on an ilegal reason such as discrimination. That doesn't sound like the case with you. Correct me if I am wrong.
__________________
Lillian Connell

Forum Moderator
www.laborlawtalk.com
Reply With Quote
  #3  
Old 06-09-2005, 03:34 PM
mvacas mvacas is offline
Junior Member
 
Join Date: Jun 2005
Posts: 2
Default can I be demoted!

Ok I understand, it does have to do with discrimination (religion) but they reason why they want to do it is to upset me. Can they reduce my pay if they demote me?
Reply With Quote
  #4  
Old 06-09-2005, 03:43 PM
LConnell LConnell is offline
Senior Member
 
Join Date: Jul 2004
Posts: 5,056
Default Demotion

Yes, they can reduce your pay if the reason for the demotion is specifically because of your religion. In order to show discrimination, you will need to provide a direct link between their actions and your religious preferences. For example, if they say that they are demoting you because you are not in the same religion as they, it would be illegal. Or, even if it isn't as blatant but, instead, you have indications that they object to your religion, it may be a link.

However, keep in mind that if the same people hired you and then promoted you, it will be difficult to prove discrimination if your religion has not changed that time. The line of thought is that a manager would not promote someone for several years, giving them good reviews, in turn to demote them because of a discriminatory reason.
__________________
Lillian Connell

Forum Moderator
www.laborlawtalk.com
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Racial Discrimination ( Long Story....) Cmiller Paternity Law 7 07-18-2005 04:12 PM
Asked to be demoted jpost01 Wrongful Termination Laws 1 05-09-2005 11:00 AM
suspended and then demoted unjustly kjohnson legal discussion 1 02-22-2005 08:43 PM
Demoted but last person to be told degdiego Wrongful Termination Laws 1 01-23-2005 01:11 PM
demoted? unnmannedrobot Labor Laws 1 11-30-2004 05:46 PM


All times are GMT -8. The time now is 06:55 PM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming