Can my employer demote me after being wrongfully incarcerated?

I was wrongfully incarcerated for two months, after that time all charges were withdrawn and nothing is pending against me. My mother was in contact with the VP of my company during the entire process. I got out last week, called my job to see if I could go back and they told me that I could but in order to do so I would have to go to a different facility and I would have to accept a demotion from Master Trainer to Personal Trainer. Are they allowed to do this? I worked really hard to get the master trainer position and never did anything to deserve a demotion.

1 answer  |  asked May 30, 2018 09:21 AM [EST]  |  applies to Pennsylvania

Answers (1)

Doris Dabrowski
Pennsylvania law prohibits the use of criminal records as a basis for refusal to hire, unless the criminal activity is related to suitability for the job. The state law does not address post-hire demotions. If the employer learned of your incarceration through the use of a third party reporting agency, you should consult a lawyer to ascertain whether the employer complied with all the requirements of the Fair Credit Reporting Act.

posted by Doris Dabrowski  |  May 31, 2018 08:20 AM [EST]

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