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Demoted without being told

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Melissa Gellner

Junior Member
What is the name of your state (only U.S. law)? WV
Recently, our medical office joined a larger FQHC group. They have a board of directors and a CEO. I was promoted to office manager six months prior to joining them. When the CEO was coming around in the beginning, he told me I would be getting more pay (he said they would want me to go salary), and I would get more authority to make decisions for my office. The new company has been experiencing money flow problems, so I didn't press the issue of my pay. They did a restructuring, of sorts, and made all of their employees upper management. I am still considered the office manager at my office, but with no extra pay and no authority to make changes. At the risk of sounding paranoid, I believe they are trying to weed me out, so that one of their employees can take my place. I keep getting set up by one particular employee who would be the one to take my place. I have documented everything, I have saved all emails and Instant Messages to cover me. I got my paycheck in the mail yesterday, and instead of Administration/Mgmt Dept. it now says Receptionist. I have not been notified in any way shape or form that my job is changing. The pay didn't change. If they try demoting me without just cause, do I have a case?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? WV
Recently, our medical office joined a larger FQHC group. They have a board of directors and a CEO. I was promoted to office manager six months prior to joining them. When the CEO was coming around in the beginning, he told me I would be getting more pay (he said they would want me to go salary), and I would get more authority to make decisions for my office. The new company has been experiencing money flow problems, so I didn't press the issue of my pay. They did a restructuring, of sorts, and made all of their employees upper management. I am still considered the office manager at my office, but with no extra pay and no authority to make changes. At the risk of sounding paranoid, I believe they are trying to weed me out, so that one of their employees can take my place. I keep getting set up by one particular employee who would be the one to take my place. I have documented everything, I have saved all emails and Instant Messages to cover me. I got my paycheck in the mail yesterday, and instead of Administration/Mgmt Dept. it now says Receptionist. I have not been notified in any way shape or form that my job is changing. The pay didn't change. If they try demoting me without just cause, do I have a case?
**A: the short answer is no, you have no case. The long answer is no also.
 

cbg

I'm a Northern Girl
If your pay had been reduced without your being told, you would have a wage claim for the difference between the old and new rates until you were notified (receipt of your first paycheck at the lower rate would serve as notification). But even had that been the case, you would still have no legal recourse for the demotion.

Since your pay was not affected, you have no legal recourse for anything.

In the absence of a legally binding and enforceable contract or CBA that specifically states otherwise, your employer can change your job, including both promotions and demotions, at any time he pleases with or without your knowledge or permission. They have no legal obligation to tell you in advance of changes to your job. In fact, they could legally say to you, "Effective today your services are no longer required", show you the door and put the other employee in your place, and you would have no legal recourse. The bottom line is that, no matter what you or I may think of it, unless you have a legally binding contract that says otherwise, you do not have a right to your job.
 

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