• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Demotion... choices?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

my58vw

Junior Member
California

Hello all,

My name is Michael and I work for a security company. The story is very very long but I will cut it short, I can give you more information if needed.

In June 2004 I was hired as a student officer with the University.

In July 2004 I completed all requirements beside a test I need to take to get off Rookie Status, Rookie status is also probation, limited rights (i.e. no master keys, limited vehicle use, etc.

Also in July I was told after a week of emplyment that they were changing what I was hired for to bike officer (not mentioned in the interview, pre hiring). They forced me to sign a contract stating that I was now a bike officer or face termination.

For the next seven months I asked to recieve the additional training to become full status (non probationary status) and recieve full pay, Rookie is reduced pay. I asked about 8 times or more but it was always, well we will train you later... note this is not a permotion but a status change. Five officers were fully trained during this time, two recieved their full officer status, 3 quit.

In December of 2004 he severily cut my hours (40 to 23 per week) and my job duties. He stated taking away the limited rights I did have as a rookie, including vehicle usage, focing me to ride a bike in freezing and 100+ degree temperatures. I start looking for a new job but no one is hiring a full time student at my current wage rate.

In February 2005 I was involved in a incident where I was given a report on a battery complain (PC 242), no policy is written on how to handle. I wrote the offical report and the director was not happy with how I handled the situation. He said I broke an unwritten policy and forced me to falsify my report so he would not look bad and wrote me up.

In May 2005 the director accused me (baseless) or leaking information to the press and other departments. I personally has no knowledge of the incident. He have me a verbal warning.

In June 2005 he wrote me up for missing one performance sheet (I was on vacation), no disciplinary action was taken.

In June he religated me to desk work.

In Auguest (this month) for no appartent reason he demoted me, and said if I did not retake a few tests that he would cut my pay. I now have lost all the privlidges that I was before.

Right after this incident I pierced my ears, there is no written policy on it. I even asked up the chain of command and no one had a problem. The director saw it and said if I did not take them out I would be fired.

The director will give no reason for my demotion at all.


BTW there is also quite a few discrimination acts against myself, including not allowed to use vehicles while other rookie officers were allowed to, not being allowed to attend the "officer" meetings where policy was made. etc. The director is also breaking several state laws in regards to uniforms. He tried to take away my badge which state law required to have at all times on duty.


I need to keep my job because it is my only source of income and I am a full time student. The most important thing for me is to get my old position back and the training to get off of "probationry status", BTW it is against the school student policy to be on probation for more than 30 days. We work under 6 month contracts, but it is against policy to again not renew a contract unless cause can be shown.

What should I do at this point? Do I have any legal recourse here?

BTW my boss said it was a decision amoung the "staff" to demote me, once again without reason. Someone came and told me later that "I have a problem with authority" which is an incorrect notion. In the past I have been the assistant manager for a fast food resturant but had to quit due to the hours.

Thanks as always. I would like to keep this out of court but the discrimation has gone on too long.
 


Sockeye

Member
Charges of discrimination can only apply to employment decisions based on protected title VII classes which sex, age, race, religion and in retaliation of a wage or harrassment claim.

Unless you can prove the director made his decisions because of one of the protected classes you have no legal recourse.

Your best bet is to appeal this internally, meet with your director and ask what you can do to bring yourself to the level he expects.
 

my58vw

Junior Member
Ok so basically if the guy does not like you you are screwed then?

I am being discriminated against because he does not like the way that I handle situations.

Is there any recourse based on demotion with no cause, like wrongful termination, not citing discrimination? Also can employee's be terminated of suspended based on policies that are not written?

I am not the only person with problems here. One guy was fired after he passed probation because he called in "sick" because his wife went into preterm labor. Another individual quit after the director suspended him for missing two out out 120 punches on a punch round.

The main reason that I have an issue is because the director basically accused me of trying to find a loophole in policy after getting earings, even after I asked my immediate supervisor and he said it was fine.
 

pattytx

Senior Member
We don't disagree that this may be very poor management and it should be addressed with HR. But it is not illegal discrimination. Your supervisor/manager can "discriminate" against you because he doesn't like the color of your socks.

Based on your post, you have no legal case. It is not against the law for management to be jerks.
 

cbg

I'm a Northern Girl
Being "discriminated against" because he doesn't like the way you handle situations is absolutely LEGAL. It's his job to see that situations are handled in ways that are approved of overall.

No state except Montana requires just cause for terminations or demotions, and there are even exceptions in Montana.

You do not have a case for wrongful termination, wrongful demotion, or wrongful anything else according to the information in your post.
 

longneck

Member
my58vw said:
I am being discriminated against because he does not like the way that I handle situations.
let's put this in perspective here. at the grocery store i managed, there was no written policy on refunds, but our general policy was to refund just about anything because we were more interested in keeping customers happy than fighting for every nickel and dime. i fired an assistant manager because he would not accept a return until he decided it was definitely not the customre's fault. when i witnessed one such situation, i stepped in, issued the refund, and told him to accpet 100% of refunds, no questions asked. the very next day i fired him because he spent a few minutes arguing with a customer over a refund.

so i guess you could say i "discriminated" against him because i did not like the way he handled situations.

but what i would say is i terminated him because he was not doing his job the way i (the supervisor) wanted him to do!
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top