Legal Question in Employment Law in New York

Illegal Demotion

I'm working as a CSR for a national advertising co. I was asked to do a ''special project'' that was only for the christmas season (appx 8 weeks). At the end of the first week, I informed my superiors that I don't like it and I rather go back to being CSR. From that time til now, I was under the impression that I am a CSR. I found out today, that all CSR's were getting new computers but I wasn't. Then my supv told me that I am now a GSR (general Sales). I was never told by any mgmt that my title has been demoted to general sales. I was told that I would ''help out'' the GS supv with no further explanation from mgmt. Can this employer suddenly demoted me to this title w/o official ppwrk? I have always helped out his section but still remained as CSR in title. Although I haven't been given a reduction in pay, can I sue for mispresentation? or other contrary actions?


Asked on 2/04/04, 6:31 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Illegal Demotion

Do you have a contract or something in writing stating your title? If you do you may be able to sue for breach (if you can show damages-loss of pay, benefits). If you do not have a contract, your employer is free to reassign you or change your status, they could even fire you if they determine your services are no longer needed.

The other protection is if you are in a union you could file a grievance.

Other than that your only option, if you do not like the changes is resign and look for a different employment option.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/05/04, 9:21 am


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