If I was hired to fill a management job that became open when the previous manager went on military leave but they are now coming back, can I lose my job or be demoted?

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If I was hired to fill a management job that became open when the previous manager went on military leave but they are now coming back, can I lose my job or be demoted?

Asked on December 7, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you could be, unless you have an employment contract which protects your employment in some way. Without a contract, you are an employee at will; an employee at will may be terminated--or anything short of termination, such as demoted, suspended, pay cut, transferred, hours reduced, etc.--at any time, for any reason which is not illegal discrimination. It would not seem to be illegal discrimination to terminate or demote you in order to re-employee an employee in the military, reserve, or Guard whose position you filled while they were away. If you do have a contract, however, you can enforce any terms of its which are beneficial to you.


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