Can I be demoted of title and pay based on factors on other things than job performance?
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Can I be demoted of title and pay based on factors on other things than job performance?
Asked on June 25, 2015 under Employment Labor Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes you can. That is so long as your demotion was not based on some form of legally actionable discrimination. Under the law, there can be no discrimination in employment based on an employee's inclusion in a "protected class" based on such factors as: race, religion, gender, age, disability, sexual orientation, national origin, etc. If you are not part of such a class, then you can legally be treated differently than other employees.
Also, unless your demotion violated existing company policy, a union or like agreement or an employment contract, it was most probably legal. It's hard to say with certainty without having all of the facts of your situation. What most workers do not realize is that in an "at will" employment relationhip, as a general rule, an employer can set the terms and conditions of employment much as it sees fit. This includes who and why to promote or demote.
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