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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.


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