Is it legal to demote a good employee simply to hire an employers friend into that position

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Is it legal to demote a good employee simply to hire an employers friend into that position

A friend of mine was told to leave or
take a demotion without change in
pay. A month later the same executive
director hired a friend into the vacated
director position without posting the
open position. This was an at will
position. My friend was just hired as the
director 10 months earlier and received
only praise until this happened.

Asked on January 8, 2019 under Employment Labor Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact is that not all employees need be treated the same or even fairly, so long as no form of legally actionable discrimination is the reason. This means that a worker cannot be given lesser treatment due to their race, religion, disability, age (over 40), nationality, gender and the like. Otherwie, an employer can set the conditions of the workplace much as they see fit unless there exists a union agreement or employment contract to the contrary. Bottom line, demoting you in order to hire your employer;s frien for your postion, whie unfair, is legal.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact is that not all employees need be treated the same or even fairly, so long as no form of legally actionable discrimination is the reason. This means that a worker cannot be given lesser treatment due to their race, religion, disability, age (over 40), nationality, gender and the like. Otherwie, an employer can set the conditions of the workplace much as they see fit unless there exists a union agreement or employment contract to the contrary. Bottom line, demoting you in order to hire your employer;s frien for your postion, whie unfair, is legal.


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