Demotions

[rismommy]

What is the name of your state?What is the name of your state? Missouri.
If some one could help me I would greatly apperciate it. My husband has been employed by a company since 2001. They promoted him to supervisor in August of 2002 and transfered us to KC MO. A year and 2 months later they transfered us back to Springfield. In the meantime they changed the qualifications for supervisor to you have to have a degree to be one. ( Hubby doesn't) After he had been back for 3-4 months they promoted someone else to supervisor as well. Now they want to demote my husband because he doesn't have a degree and supposedly because the springfield site is the only site in their company that has more than one supervisor (besides site supers). The other man does have a degree and experience but has not been with the company nearly as long. In fact Hubby has been there longer than anyone he has to deal with. Can they do this?

 

[cbg]

Yes, they can. Nothing whatsoever in the law requires them to use seniority as a deciding factor.

 

[rismommy]

but what about the fact that he was a supervisor before they changed the rules. he became a super in aug 2002, and they changed the rules in jan 2003?

 

[StacyLB]

They can change the requirements of the position at any time.

As a side note, do you know how old the guy that was just promoted is in relation to your husband?

 

[rismommy]

he is younger than my husband. i guess my question really is wouldn't he be grandfathered in when they changed the rules. they came to him to be a supervisor. there is also the question my husband asked his site super--are they going to demote everyone that doesn't have a degree? his reply was they don't know. he thinks they are going to wait to see what happens with my husband.

 

[Beth3]

wouldn't he be grandfathered in when they changed the rules That is entirely up to his employer.

Nothing in your posts indicate that his employer has acted unlawfully. If he's performing his job well, I agree that it doesn't seem fair to demote him because he isn't degreed but that doesn't violate any laws.

 

[rismommy]

so what it boils down to is he just has to take it or quit.

 

[truly]

Does the employer offer a degree program/tuition reimbursement or incentives to help the employee become degreed? Not that they have to, it's a perk with some companies....if not, since he does not meet the current qualifications for the position he holds he would have to let it go, become degreed and re-apply.

 

[StacyLB]

Your husband might benefit from asking for an explanation in writing as to why the position now requires a degree. That doesn't mean they will provide it, but it would be interesting to see if they would put in black and white the rational for including that requirement.

It reminds me of when companies required a high school education for positions where it was not needed to perform the position. This caused disparate impact to minority employees. I am not saying you have case, just that these situations remind me of one another.

 

[rismommy]

to stacyb
I thank you for you input. I will tell him about putting it in writing and see what happens.