I got demotion notification over the phone. At first he didnt give me any reasoning but said based on companys best interest. I ask based on what, and he said based on email communications and qualification. He receives emails from me based on information I deliever messages to my stores. I use phone to deliever main messages to them where he cant listen. Whe i was requesting demotion to one of my staff, he asked if i have given write -ups or action plans in order for me to get approval by HR. But with me none of action
Plans or write -ups were given to me but told me that I got demoted over the phone. Can I sue company for this?
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
I'm sorry this happened, and I'm sure it is very frustrating to you. Unfortunately, it is perfectly legal to demote an employee for no reason or a weak reason. It is perfectly legal to have different standards for different employees. It is perfectly legal to break bad news by telephone, text, e-mail, or any other way.
Employees have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. There are some limitations, mostly in the areas of public policy (such as discrimination law), contract law, union-employer labor relations, and constitutional due process. Please look at my Avvo guide to at-will employment which may help you understand your employment rights: http://www.avvo.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
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