demoted because my boss broke a policy I didnt report him
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demoted because my boss broke a policy I didnt report him
my boss broke a company policy and I didnt report it to upline management because
my boss told me he would take care of it. when asked by upline management about
the situation my boss lied I spoke up and told them the truth. They fired him
and demoted me immediately to a lower position at almost half the pay after I
have been management for them for over 20 years am 5 years from retiring. I
have it in writing from my boss that it was entirely his fault. Do I have a case
to sue the company?
Asked on April 17, 2018 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you do not have a case to sue the company. You indicate that you failed to report the violation to higher management initially: that would have been grounds to have terminated you "for cause" (no unemployment benefits) due to abetting or concealing a violation of company policy. Because they could have terminated you for this, they could do something less than or short of termination, such as demoting you and reducing your pay. Your boss may have broken the policy, but you concealed that breach.
Furthermore, unless you had a written employment contract guarantying or protecting your job, you were an employee at will; as an employee at will, you may be terminated--or suspended, demoted, pay cut, etc.--at any time, for any reason whatsoever, and regardless of whether it is fair or not. Employees at will have no rights to or protection for their jobs.
So based on what you write, your employer had justification and a right to do this, and you would not have any grounds for a lawsuit.
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