CanI be demotedfor no reasonand replaced by my boss’s husband?

UPDATED: Apr 19, 2011

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CanI be demotedfor no reasonand replaced by my boss’s husband?

I was demoted from my supervisor position with no write-ups or bad reviews. I was replaced with the boss’s husband who was the janitor. Is this illegal in NY or just a company policy issue?

Asked on April 19, 2011 under Employment Labor Law, New York


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

Answered 11 years ago | Contributor

While unfair, it is perfectly legal.  That is unless this is a violation of existing company policy or you have an employment contract or union agreement that provides otherwise.  Also, discrimination must not play a role here (although it does not appear to based on the facts presented; nepotism is not illegal).  In the majority of employment arrangements, employment is "at will".  This means that an employer can hire or fire an employee for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as it sees fit.  In turn an employee can choose whether or not to work, or continue to work, for an employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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