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Unfair

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POTA

Guest
What is the name of your state? New York

I have been working for the past 181/2 years in the same department /job title and reporting to the Director.
In 2000 our department had a reorganization and I was informed that my job was going to be eliminated. So I applied for a job at the same level as the one I had. I did not get the job although I was better qualified for the position.

I was told that I did not get the job because our dept. found a need to keep that position opened. At the time the entire department got a salary adjustment(increase) with the exception of myself. I received mine two years later after much hassle.
Also since the department reorg our director has discussed changing the job title of my position while the VP of the department promised me that the job tile as is.

In August of 2002 our director had a staff meeting and presented a new organization structure that only affected my position, changing my job title and reporting status. I will no longer be reporting to the director but now to a manager of my same level.
The director informed the staff that I had agreed of this in year 2000 which I had not.
I met with the VP, Executives Dir. my Director and asked them what did I do to get a demotion and I was informed that this is not a demotion only a change of reporting status and title.

I'm afraid when this goes through I will not be on the same level as I had and my salary may decrease or my opportunity for salary increases will not be the same.
My VP claimed that he ‘changed his mind’ when I discussed the changes in the position. This change of reporting status has eliminated me from managers’ meetings and having access to departmental planning or strategy meetings that I had been a part of for the last 4 years. Additionally, I have no official letter from HR indicating this change.

Any help will be appreciated.
 


Beth3

Senior Member
Unfair? Maybe. But none of this is illegal unless your employer is doing this BECAUSE of your age, race, religion, national origin, gender, handicap, pregnancy, veteran status (or at the State level, possibly marital status and/or sexual preference) or in retalliation for exercising a protected right such as filing a WC claim.
 
P

POTA

Guest
Can I get demoted without any reason?

What can I do to prevent this?

I need some advice, please help.
 

Beth3

Senior Member
1. You can be demoted for any reason except one of the reasons I've listed above.

2. Probably nothing. It seems your employer is determined that your position be one of lesser stature than it has previously been.

Speaking with your supervsior or the appropriate person in senior management to appeal their decision is all I can suggest. As long as your employer doesn't violate any employment laws, they may proceed as they wish. If you no longer care for the terms of your employment, you are always free to seek something more to your liking.
 
P

POTA

Guest
My posissions is a Data Base Administrator and my age is 63.

Age discrimination can be the case what do you think?

Thanks again.
 

Beth3

Senior Member
I think that you can be demoted in spite of being age 63. They just can't demote you BECAUSE you're 63. I obviously have no idea what's going on in your employer's mind and what business rationale they may have for making these changes.

If you believe that it's an age discrimination situation, then you should consult with an employment law attorney or you may file a complaint with your state's equal rights division or the EEOC.
 
P

POTA

Guest
Thank you for you advice.
I will start looking for an emp. law attorney.

If I file a complaint with the state's equal rights division or the
EEOC can I continue working?
 

Beth3

Senior Member
Yes, of course you can. It is not necessary for you to quit or have been fired to file a complaint of prohibited discrimination.
 
P

POTA

Guest
Beth3 Thank you,

I have never looked for an attorney before. I need some advice.

How would I know that I have found the right employment law attorney?

Please need help.
 

Beth3

Senior Member
Contact your local Bar Association and get referrals to employment law attornies in your area who specialize in representing individuals (not employers - it's been my experience that labor attornies work on once side of the fence or the other.)

Then you need to meet with several of them, discuss your situation, see what they advise you and how comfortable you feel with that attorney. If you decide to engage one, then you need to have a very clear discussion on what's going to take place, that you want to be advised and consulted on strategy and the pertinent legal issues as things progress and so on. Were I in your shoes, I'd want to know every step along the way what's going on and how often I could expect to have contact with the attorney and so on.
 
P

POTA

Guest
BETH3
I'm going to take your advice. Thank you so much for all your help.
 

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