Mnesic Posted March 28, 2013 Posted March 28, 2013 Can my work place demote me without any verbalor written warning? Is this consider “constructive dismissal”? Is it illegal to be on-call throughout allweekend, unpaid, but when I do my own pay-roll, it has always been 80hours for2 weeks. I just recently got demoted for no reason and it will beeffective within 10 days from today. My question is: can they demote me withouta verbal warning or any written documentation at all? Plus, prior to thisissue, I wrote a letter to HR and demanded a meeting between me and a co-workerthat treated me unprofessionally at work. All I asked was to have a meetingwith HR, that person and my supervisor to resolve this issue by asking that personto treat me professionally as I treated her since we are at a professional workplace. Both HR and my supervisor kept promise me tomorrow, and that tomorrownever came, and now I get demoted for no reason. I also work a lot of hoursunpaid and unpaid on-calls which exceed my duties and hours. I’m on salary, butwhen I do my own payroll, I may only input 80 hours for 2 weeks of work. Inreality, I exceed much more hours than that. I can easily prove this. Please,any help will be greatly appreciated. Much thanks for your time
Keenly Posted March 28, 2013 Posted March 28, 2013 A private business can do whatever they want within the context of the law, and there is no law preventing you from being demoted. In fact you most likely signed an employment contract that states they can fire or demote you whenever they feel so inclined.
pink_sugar Posted March 28, 2013 Posted March 28, 2013 You live in a "right to work" state. Right to fire, demote at any time for any reason. You also have a right to quit at any time, for any reason.
ON MY OWN Posted March 30, 2013 Posted March 30, 2013 You live in a "right to work" state. Right to fire, demote at any time for any reason. You also have a right to quit at any time, for any reason. What is a probationary period for then? (Am going through some of my own stuff right now and trying to understand all of this also...maybe this can also help the OP and others) Thanks:D
ON MY OWN Posted March 30, 2013 Posted March 30, 2013 Can my work place demote me without any verbalor written warning? Is this consider “constructive dismissal”? Is it illegal to be on-call throughout allweekend, unpaid, but when I do my own pay-roll, it has always been 80hours for2 weeks. I just recently got demoted for no reason and it will beeffective within 10 days from today. My question is: can they demote me withouta verbal warning or any written documentation at all? Plus, prior to thisissue, I wrote a letter to HR and demanded a meeting between me and a co-workerthat treated me unprofessionally at work. All I asked was to have a meetingwith HR, that person and my supervisor to resolve this issue by asking that personto treat me professionally as I treated her since we are at a professional workplace. Both HR and my supervisor kept promise me tomorrow, and that tomorrownever came, and now I get demoted for no reason. I also work a lot of hoursunpaid and unpaid on-calls which exceed my duties and hours. I’m on salary, butwhen I do my own payroll, I may only input 80 hours for 2 weeks of work. Inreality, I exceed much more hours than that. I can easily prove this. Please,any help will be greatly appreciated. Much thanks for your time I would recommend go higher, follow chain of command, each time if you have a concern, if I was ignored I would call the 800 number that many places have for things like this. Unfort salary as far as I know is like that....'you dont leave until the work is done' kinda mentality. I am going through work woes right now too...and the more I see the more grim things sometimes look...hope you find answers to lead you in a positive direction. Meanwhile keep your chin up! (Trust me, I know its not always easy)
HokeyReligions Posted April 3, 2013 Posted April 3, 2013 One thing to keep in mind is HR is there to protect the company. If HR does not want to pursue it there is a reason and that might come back to bite you if you continue to pursue it. Also if you accepted a salaried position you agreed to a set pay no matter how many hours worked. I'm salaried too and often exceed 40 hours a week. If you've been demoted you should be told why.
Fugu Posted April 3, 2013 Posted April 3, 2013 Can my work place demote me without any verbalor written warning? Is this consider “constructive dismissal”? Is it illegal to be on-call throughout allweekend, unpaid, but when I do my own pay-roll, it has always been 80hours for2 weeks. I just recently got demoted for no reason and it will beeffective within 10 days from today. My question is: can they demote me withouta verbal warning or any written documentation at all? Plus, prior to thisissue, I wrote a letter to HR and demanded a meeting between me and a co-workerthat treated me unprofessionally at work. All I asked was to have a meetingwith HR, that person and my supervisor to resolve this issue by asking that personto treat me professionally as I treated her since we are at a professional workplace. Both HR and my supervisor kept promise me tomorrow, and that tomorrownever came, and now I get demoted for no reason. I also work a lot of hoursunpaid and unpaid on-calls which exceed my duties and hours. I’m on salary, butwhen I do my own payroll, I may only input 80 hours for 2 weeks of work. Inreality, I exceed much more hours than that. I can easily prove this. Please,any help will be greatly appreciated. Much thanks for your time Overtime applies, even if you are on salary. That's a common misunderstanding of the law that a lot of employers attempt to exploit, and many times they're doing so ignorant of the law themselves. If what your saying is true, the company may be on the hook for back pay. I'd always suggest checking with a labor attorney if you want to be absolutely sure. The demotion, on the other hand, is completely legal. Unless you have a written contract that guarantees terms of employment and compensation, your employer can demote or terminate you at his own will. There are laws against illegal forms of termination such as retaliatory or hostile termination, but that is defined by law. Check with an attorney if you're not sure.
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