At the state level, California’s Fair Employment and Housing Act (FEHA) protects employees against much of the same things. The lawsuit alleged that Harteau challenged Frizell’s account in the newspaper and questioned his desire to be on the Minneapolis force. Pay NO FEES until we win your Employment case. The four years begins from the date that your contract was breached. This is known as sex discrimination and gives you the right to file a lawsuit against your employer. So for example, if your contract was breached two (2) weeks before you were wrongfully demoted, you have four (4) years to file your lawsuit from the day the contract was breached, not the date of discipline. There are several factors that courts consider in evaluating whether a demotion is wrongful. It means that your employer can discharge you or demote you for any reason other than discrimination or whistleblowing. Nothing on this site should be taken as legal advice for any individual case or situation. A wrongful termination or demotion at work can happen to anyone regardless of the number of years you have devoted to your employer or your seniority within your employer’s organization. I couldn’t have asked for more. Supreme Court over the death of a man in Whistler, B.C., alleging four RCMP officers used excessive force when they tried to take him into custody. Your employer, as a result of their clients’ sexist and outdated beliefs, then demotes you because you are a woman and would make the top clients uncomfortable during meetings. They are transparent, honest, and direct. But there are some exceptions to the at-will rule. Section 15 (a) (3) of the Fair Labor Standards Act (FLSA) explicitly prohibits an employer from terminating an employee if they have filed a complaint. It is important to know what wrongful demotion is and how it can lead to a possible case against the employer with the assistance and services of a lawyer. Wrongful Demotion at Work and Demotion Law Questions A demotion is a step down in rank or job title for an employee. The advice of Igor provided the best possible outcome with my termination agreement. Call us today. Court of Appeals Finds Implied Action for Wrongful Discharge. Wrongful termination is a form of retaliation that can be inflicted on employees by their employers. These are a stand up group of Employment lawyers. California Labor Law Employment Attorneys Group, Wrongful demotion as a form of punishment, The California Labor Law Employment Attorneys Group, 2 Los Angeles carwashes to pay more than $1 million to employees, Attorney to File a Lawsuit for Wrongful Demotion, Attorney to File a Marital Status Lawsuit Against My Employer. 0 found this answer helpful They are transparent, honest, and direct. The advice of Igor provided the best possible outcome with my termination agreement. • Available 24/7 • Immediate Response • Experienced Lawyers •, 765 S Los Angeles St, Los Angeles, CA 90014, © 2019 - California Labor Law Employment Attorneys Group. I can’t say enough about how he looked out for all of my interests, him sound professional advice and a very caring and uplifting positive manner. I would recommend you contact counsel in your area to look into filing a Charge with the EEOC. https://www.losangelesemploymentattorney.org/practice-areas/ It is within the employer’s rights to demote an employee, especially if their performance is below par. Answers to these questions depend on the specificities of your case and what the courts decide is appropriate for you. In Nebraska, as in other states, employees work at will. Wrongful Demotion. The information on this website is for general information purposes only. Wrongful demotion is the act of demoting an employee to a lower position with fewer responsibilities, fewer benefits, and less pay.