Can a demoted manager be made to work for a former employee who had stated she was being treated unfairly?

I was a manager in a school for 12 years. Never had a problem. Now an employee who bumped into my area because of a RIF said she was being treated unfairly by me and I have been demoted and my pay and hours cut. I am a union employee. Is this legal?

Asked on July 30, 2010 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) As a general matter, without a union contract, employers may demote employees, reduce their pay, or reassign them, and they may do so for essentially any non-discriminatory reason (e.g. not on the basis of race, sex, age over 40, disability, religion).

2) A union agreement is a contract. What your employer can and can't do will depend on the terms of the agreement. You need to look at the agreement to see what it says about discipline, demotion, reduction in pay, reassignment, etc. As your union rep for help--that's what union reps are there for, after all; ask a union attorney (unions often have their own lawyers or retain counsel to help union members); and/or take a copy of th agreement to a employment attorney to review it for you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.