What are my rights if I was recently demoted from a foreman’s position without probable cause?

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What are my rights if I was recently demoted from a foreman’s position without probable cause?

I was recently demoted because my superintendent allegedly received a call stating I was being racist against an employee. When indeed it was the superintendent who was being racists and demoted me to cover up his actions. Since this I feel I am being targeted by my superintendent.

Asked on October 17, 2017 under Employment Labor Law, Mississippi

Answers:

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

Answered 3 years ago | Contributor

Most employment is "at will". This means that a company can set the conditions of the workplace much as it sees fit. Accordingly, unless your demotion violated the terms of an employment contract or union agreement or was the result of actionable discrimination it was legal. Therefore, if you were demoted due to your race, then that would be illegal. Unfortunately, this is not the situation in your case. Therefore, while your superintendent's actions were unprofessional towards you, they were not illegal. However, if he indeed made racist comments and it can be proved, then the people against whom he made the comments could have a claim.

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

Answered 3 years ago | Contributor

Most employment is "at will". This means that a company can set the conditions of the workplace much as it sees fit. Accordingly, unless your demotion violated the terms of an employment contract or union agreement or was the result of actionable discrimination it was legal. Therefore, if you were demoted due to your race, then that would be illegal. Unfortunately, this is not the situation in your case. Therefore, while your superintendent's actions were unprofessional towards you, they were not illegal. However, if he indeed made racist comments and it can be proved, then the people against whom he made the comments could have a claim.


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