How to Handle a Wrongful Demotion

How to Handle a Wrongful Demotion How to Handle a Wrongful Demotion Have you been demoted at work? If you believe that your demotion was unfair, your next question might be, “What can I do about it?” Unfortunately, your options for handling a wrongful demotion may be limited. Here’s what you need to know. When Employees Can Be Demoted Most workers in the U.S. are employed at-will. It means that your employer can discharge you or demote you for any reason other than discrimination or whistleblowing. So if your employer believes that your performance is lacking in any way, you can be demoted, and your pay or hours can be reduced. Your employer also can change your job description, assign new work duties, and lower your pay if they are reorganizing the workforce or if business conditions dictate a shifting of human resources. In some circumstances, you may be protected by a bargaining agreement or employment contract which provide protection for employees. Also, there are legal protections which cover wrongful demotions. Which Employees Are Protected Workers with employment contracts that stipulate work roles and job protections may be insulated against certain demotions or may have recourse to appeal a demotion. Employees cannot be demoted because of race, gender, age, religious beliefs, or genetic information. Employees cant be demoted as retaliation for filing a sexual harassment claim or because they informed authorities about an illegal action by their organization. Appealing an Unfair or Unlawful Demotion Even where no legal protections exist, you can contact the human resources department at your organization if you believe that you are being unjustly treated. Companies often want to avoid seemingly unfair demotions given the potential negative impact on employee morale. When you speak with human resources, keep your tone mature and non-defensive. If there is a formal appeal process, request a review of your demotion. If there isnt, ask for a meeting to discuss your circumstances. Another option is to write an appeal letter asking for the decision to demote you to be reconsidered. Use documentation, such as emails with praise, positive performance reviews, and details about major accomplishments, to show that the demotion is not merited, and will ultimately work against the companys long-term goals. If you believe that your demotion might be illegal, you have the option of consulting an employment attorney or your state Department of Labor to obtain a formal legal opinion. How to Explain a Demotion to Prospective Employers Whether your demotion was wrongful or not, when you apply for future jobs, you will need to be prepared to acknowledge the situation. Fortunately, there is no need to use the word demotion on your resume or within a cover letter. On your resume, you can simply include the new job title, along with any responsibilities. Within your cover letter, you can emphasize any particular skills or accomplishments from the lower level role. Keep it positive, stressing what you’ve learned from the jobs you’ve worked and what you can bring to the role for which you’re interviewing. A demotion may also come up in an interview; be prepared to discuss the circumstances. Do not bash the company or managers in your response. One of the simplest ways to explain what happened is to describe the job as not being a good fit. Keep your tone matter-of-fact and emphasize any positive outcomes that may have occurred as a result, such as learning new skills or taking a class to strengthen your abilities. You might also consider asking for recommendations from your colleagues and networking connections. Having folks who can vouch for your skills and abilities goes a long way with hiring managers, whether or not you’re trying to explain a demotion in your work history. Finally, look for the opportunity in this challenging experience. As with questions about your biggest weakness, you can use this as a chance to discuss how youve transformed and improved as a result. If the hiring manager asks about your demotion during the interview, be honest and positive, emphasizing what you’ve done to overcome any deficits in your skills. Above all, resist the urge to dwell. Career paths are never a straight line. Chances are, the hiring manager has a reversal or two in their work history. If you come across as comfortable, authentic, and confident, one blip on your CV shouldn’t make a big difference, especially in context with all your other achievements. The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law.