Can I be demoted after interviewing and accepting job?

UPDATED: Oct 2, 2022

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Can I be demoted after interviewing and accepting job?

I applied for a job as a OK DOC employee and received the job after two
interviews. After one week of working the job I am told that i am not qualified
for the position. I am told that because I applied for the job externally all i
had to do was pass the questionnaire on the application and i could interview.
Had i applied internally our HR and Hiring agency would have seen my application
and the experience in it and denied my interview. I am now having to gather
percentages of my work experience in order to keep the job I have. Is this legal
due to the fact that this shows that there are lower standards for being hired
externally than there are internally?

Asked on September 30, 2019 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This is legal. First, unless you had an actual written employment contract for a defined or set time guarantying you the job (e.g. a one0-year contract with a set start date) you are an "employee at will." An employee at will has no rights in or to a job, and may be demoted--or suspended or even terminated--at will: at any time, for any reason. And it is legal to have different employment standards for internal vs. external hires.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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