Full question:
I have been demoted by way of a restructure of a department. I have 20 years of service. I have lost 25% of my wages. This restructure was said to happen because of the county budget. Our department was the only one to restructure. There are 2 of us that this is happenting to, out of a whole court house. The other person is a older man in his 70's and has worked here for about 8-9 years. I think this a personal issue and would like to find out how do I prove this is personal?
- Category: Employment
- Date:
- State: Oregon
Answer:
Proving that your demotion was personal can be challenging, as it often requires evidence of intent or motive. Circumstantial evidence, such as internal memos or witness statements, may help establish a case. However, obtaining witness statements from current employees about supervisor misconduct can be difficult.
In the U.S., laws protect employees from being fired for discriminatory reasons related to protected classes like age, race, gender, nationality, disability, or religion. While terminations based on budgetary reasons are generally legal, wrongful discharge claims often arise from discrimination against these protected categories.
If you are not covered by an employment or union contract, you are likely an at-will employee, meaning you can be terminated for almost any reason without notice. However, if a contract or collective bargaining agreement applies, it may require fair warning and a specific process before dismissal.
In summary, unless your demotion violates a contract or is based on discrimination against a protected class, proving that it was personal may be difficult. If you believe you have a case, consider consulting with an employment attorney for guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.