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Demotion happens when a person is downsized or asked to step down from his/her post. It can lead to reduction in wages, benefits and company privileges. Many times, in order to keep a person in the company, demotion is used. If the company is going under loss, it may demote some of its highly paid employees instead of terminating them. No matter what the reason, a demotion can demoralize an employee and can lead to various questions about employee rights. Given below are some of the most commonly asked about demotion: What legal recourse would an at will employee have if he/she is asked to choose between a demotion and termination?
If an individual is an at will employee, his/her employer may have the rights to terminate, demote or cut his/her benefits at any time provided these decisions are not based on the employee’s age, gender, race or any disability. One may not be able to take any action unless there is evidence of discrimination. However, the individual may be able to discuss with the employer about his/her decision and come up with an alternative that may be acceptable to both of them. If both of them cannot come to an agreement, then the individual may either have to accept the demotion or look for another job. Will it be possible for a person to get unemployment benefits if he/she asks his/her employer to terminate him/her instead of demotion?
Getting a termination will not automatically qualify an individual for unemployment benefits. In most situations the State Unemployment Commission will take a look at the situation and then take a decision accordingly. Some of the things that will be considered are whether the demotion that was offered was suitable, the terms of the wages that the individual earns and how they would compare to the market standards. If the commission decides that the job was ok in spite of the demotion, the individual may not be given the unemployment benefits. Can an employee lose his/her job for requesting a demotion in the state of Maryland?
Maryland may not have a written employment agreement. The employer may be able to dictate the terms of the employment agreement. Hence, the employee may be able to promote, demote or decide how to handle an appeal. The meaning of an at will employment is that the employer may have the right to fire an employee at any point of time. However, if these decisions are taken on the basis of age, gender, race or disability, then it would be considered a violation of the discrimination laws. Can verbal abuse, public humiliation and demotion be considered as valid disciplinary action?
There may be certain things that can be done to prevent the above mentioned behavior from the employer. One of the things would be to have a contract that prohibits the employer from behaving in this way. The second thing that the person can do is to prove that the employee based his/her actions on the person’s age, gender, race or disability. If one has evidence of the latter, a complaint may be filed with the EEOC. Once this is done, the matter may be investigated by the EEOC and a decision would be taken either for or against the employee. On the other hand, if there was a contract and the employer violated the contract, one may sue for breach of contract. Is it possible to demote an at will employee to avoid a litigation from an ex employee?
If there is no written agreement, the employee would be an at will employee. Hence, the employer may have the right to promote, demote or terminate him/her without giving any notice or reason. However, exceptions to this situation may be an employment contract, a public policy or a company policy. If any of these things were violated, the employee may file a lawsuit against the employer. In the above mentioned situation, the individual may seek the help of a local lawyer to take further action. Being demoted can demoralize an individual and lead to various legal questions. One may ask an employment lawyer if one has any questions about demotion laws or need more information about it.
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