Can a company hire you for a position knowing when you are hired that you do not hold a certain degree but then 2 years later demote you for not having that degree?
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Can a company hire you for a position knowing when you are hired that you do not hold a certain degree but then 2 years later demote you for not having that degree?
I was hired by a company for an engineering position. When they offered the
position to me it was disclosed by me in person that I did not hold an
engineering degree and through a background check that was run. After being in
this position for 2 years, and getting Meets or Exceeds on all reviews
including one as late as a couple of months ago. I was demoted for not having an
engineering degree and stripped of all roles and responsibilities. The new
position did not exist prior to this, and very little direction was given on
expectations. We were also demoted in from of the entire team. They did not
change my compensation, however, they made it very clear that any career
advancement would require a return to school to get an engineering degree. Is
this legal?
Asked on August 16, 2016 under Employment Labor Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, a company can do this. The fact is that most employment relationships are "at will", which means that a business can set the conditions of work much as it sees fit. This includes mandating that certain educational requirements be met, even if this was not a previous requirement. This is true so long as such action does not violate the terms of an employment contract or union/collective bargaining agreement. Also, a worker's treatment must not constitute some form of actionable discrimination or retaliation. Accordingly, you can accept the situation, complain and risk terminstion, or quit.
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