• 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.

I Was Demoted

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

D

DEDEE ROYALE

Guest
What is the name of your state? Massachusetts.

I am a 62 yr. old woman who has been the CEO of my own company for several years and am now semi retired.

I was hired by a Temp Agency as a Merchandise Coordnator at a theme park event to last 10 days. I was thoroughly screened plus they pulled my credit report. They accepted me and my pay scale was to be $20 hour working possibly 12 hour days.

When I reported the 1st day prior to the grand opening, I was given duties such as stocking the merchandise which was to be sold at the event. Following orders I continued to fill shelves for 2 days.

Prior to Opening Day, I received a phone call from the agency informing me that I was being replaced by someone who was more qualified for the job. They were very vague as to the reason and offered me another position at the event as a "bagger" at the cash register which paid only $12 hr. (A 40% pay cut) Other than a stocker, that was all that was available.

Quite upset and very puzzled, I told them I would accept the position because I needed the job, however I needed an explanaton from someone of authority.

I had a face-to-face discussion with the person who had given me my instructions the first 2 days I worked as a Merchandise coordinator. She stated to me that in those first 2 days (a total of 12 hours, I did not display leadership abilities, therefore they replaced me with someone they felt was more qualified.

I argued that no one tested my qualifications. I was following orders to stock shelves, not be a leader. She stated that I was taking it too personally. I tried to extract just what "qualifications" I did not display to her and she just sidestepped the question. They offered me to quit if I wanted to but after several minutes, I decided to cool my jets and go to my post as bagger.

Shortly after that day, they changed my position to the gate, ushering people to the right ticket lines. After a full day of that , one of the other managers came over to tell me how "great" a job I was doing and acknowledged my beef. I got more of the same answer from her about not showing leadership abilities and offered me $15 hour if I wanted to continue for the rest of the event working the gate, (a position which they created for me.)

Question: Are they still obligated to pay me the $20 hr.? If I accept the new position, does that negate any future claims I may have againt this company? Do I have a case with the Labor Board? Dedee
 
Last edited:


Beth3

Senior Member
As long as they notified you of the reduction in your rate of pay before you started working any hours at the new rate, what they did was legal. It does not appear that the initial conversation you had about the job and rate of pay for the role remotely constituted a contractual agreement. For one thing, it was a temp agency which, absent an actual employment contract, already creates the premise that everything is temporary and subject to change.

If you want the higher rate of pay and don't mind the work, I suggest you take it. Sounds like they may be realizing they were wrong in their initial assessment of your abilities and now want to put you in a more visible/more responsible role. That's not a bad thing.
 
D

DEDEE ROYALE

Guest
I WAS DEMOTED

HI BETH: SORRY, BUT GLAD TO SAY, YOUR ADVICE TO ME WAS NOT TAKEN AND I FOUGHT BACK WITH A SUPER THREAT LETTER TO THE CEO OF THE COMPANY. I BASICALLY SAID THE SAME AS IN MY THE LETTER POSTED ON THIS SITE, BUT IN MY FINAL PARAGRAPH I STATED THAT UNLESS THEY EXPLAIN MY DEMOTION, I FELT I WAS A VICTIM OF DISCRIMINATION AND WOULD SEEK LEGAL COUNSEL OR TAKE IT TO THE LABOR BOARD IF THERE WASN'T AN AMICABLE SOLUTION. AND GUESS WHAT? THEY PAID ME $20 AN HOUR FOR THE ENTIRE 52 HOURS I WORKED ALTHOUGH THE LESSER JOB I ACCEPTED WAS AT A LOWER RATE. THEY BELIEVED MY THREAT AND MADE IT ALL GO AWAY, BECAUSE I WASN'T GOING TO. IT ALWAYS PAYS TO FIGHT FOR YOUR RIGHTS AND I DID. DEDEE
 

Beth3

Senior Member
I'm glad to hear things worked out for you. I'd guess they decided giving you the difference in pay for those few hours was a better option than the hassle.
 
D

DEDEE ROYALE

Guest
I WAS DEMOTED AND WON

Here's how I look at things that go wrong.

If you're right and believe you're right, you should at least attempt to fight your case. If you're wrong and believe you're wrong, pay your dues.

The firm did not have a leg to stand on because no one would address the issue by explaining the "why" of why I was demoted to a 40% pay cut...temp job or not. I applied at $20 hr., was hired at $20 hr. then demoted to $12 with no explanation after only 2 days. They knew they were wrong and they paid their dues.
 
J

JazmineB

Guest
I think the company was worried about having an age discrimination complaint filed against them. Quite frankly that's all I could think as I read what happened to you. "Leadership abilities" to stock shelves?! Sounds like an excuse and I hope that this doesn't hurt your feelings but I bet the company thought that someone younger was going to show up for the postion and they weren't comfortable w/ you. I am glad that you fought the temp agency and won!
 

Find the Right Lawyer for Your Legal Issue!

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