Legal Question in Business Law in California

I am the asst. mgr. for a golf company that has a specifically detailed return policy, one of the requirements being the original purchase receipt. Recently we were told that we could bend the rules for customer satisfaction purposes.

Last week a customer came in with a return - no receipt and no date of purchase that he could remember. I suggested that we could definitely help him, but did need to verify the purchase. In the meantime, one of our VP's happened to be in the store and took the customer under his wing and did the return and new purchase.

Yesterday our regional manager demoted me back to the sales floor and transferred me to another store. What recourse do I have?


Asked on 3/11/10, 12:14 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

While what you describe sounds incredibly unfair, most employees in California are considered "at will". In the absence of an illegal reason such as racial or religious discrimination, most private employers can transfer, demote or terminate any employee at their discretion for almost any reason.

The reason for your demotion is also not entirely clear from you post. I cannot tell if you were demoted because of this issue or if your employer had another reason for the move and this was just a coincidence.

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Answered on 3/16/10, 12:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably none, that I can think of, even if you could connect the two sets of facts, since employment does not guarantee continuity of employed status, rate of pay, duties, etc.

It is often said that you can fire (or demote) an employee for a good reason, or for no reason at all, but you cannot fire (or demote) an employee for a bad reason. In this old saying, the phrase "a bad reason" has a fairly narrow meaning. Bad reasons include prejudice against a protected class (based on age, gender, race, religion, etc.), whistle-blowing, participation in union organizing, and a few others.

An employer's right to demote or fire may also be limited by a personal employment contract or the coverage of a collective-bargaining agreement, which does not seem to be the case here.

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Answered on 3/16/10, 1:07 pm


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