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Demotions - California

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  • Demotions - California

    As an employer can you demote an employee as well as lower employee pay for poor job performance after many verbal and written warnings?

    A pay increase was given with a supervisory position, so if the employee is not doing their job, can the pay increase be taken away with the demotion?

  • #2
    Yes and yes.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


    • #3
      Only on a go forward basis though.


      • #4

        I got promoted last year to my current job and I do it very well. A supervisor either stepped down, or demoted as the company gossip implies. Nothing has been said to me by management, but this supervisor is going to be taking my job, and I am going to be moved elsewhere. I have been with the company for 8 years, and he has been there a little longer. Can this happen, and if not what recourse do I have. I think it is unfair to shift hard working people around to make room for someone who can't handle his job. He/she should be moved to the next available position.


        • #5
          It may not seem fair but it is not illegal unless you have a bona fide employment contract to the contrary & as long as you aren't being discriminated against due to a protected "class" (ie age, religion, gender).
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


          • #6
            So, if you refuse to take the lower position and pay, do you get laid off/fired? And would you get UI?


            • #7
              Yes, I would imagine you would be fired. Whether or not you would get UI would be situation and state specific.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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