What right do I have if I’m being replaced at work by someone with less qualified?
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What right do I have if I’m being replaced at work by someone with less qualified?
I work at a school with several teachers on a state waiver. My boss informed me this past week that I was being replaced by a fully certified teacher. Out of the 3 teachers who are not fully certified, I have more seniority than 1 but the 1 with more seniority has a degree, yet does not have any type of teaching certification. My boss informed me that the decision was not based on these issues alone. I have never been reprimanded, either verbally or written, in the 2 years I’ve been there. I feel that the decision to be replaced should only be based on the objective merits. Is it legal to base it on other merits? My boss would not go in to specifics about why she chose me to be replaced.
Asked on April 17, 2017 under Employment Labor Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Do you have an employment contract or union agreement that prohibits this? Does your treatment constitute some form of legally actionable discrimination? If not, then your employer's has done nothing wrong (at least from a legal prospective). The fact is that a company can set the conditions of the worklace much as it sees fit. This includes who to hire/fire, promote/demote, etc.
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