Employees rights against demotion.

Dear Sir/Madame,

I would like to request information regarding employees' rights against demotion in Ohio. My husband was demoted due to reasons that we believe were not justifiable. It did not have anything to do about discrimination. My husband is a nurse and he works at an orphanage. The orphanage has 2 locations and he manages both locations. They are short in staff, when one of the locations need help, he sends one of the nurses to that location for assistance.

Yesterday, he was asked to meet with his boss and the H.R. manager. He was told that the nurses should be stationed in just one location, that they should not be working from one location to another location. Instead of hiring a new nurse since they are short in staff, they came up with a solution by demoting my husband. He was told that he will now be in charged of just one location and that they will assign the nurse on the other location to be in charged. Also, he was told that since he will not have that much responsibilities, they will decrease his pay.

We believe that demoting my husband just to implement a rule that nurses should not be travelling from one location to another as needed was not justifiable. The problem is that they are short in staff and the solution they came up with is not going to help fix the problem.

We need help on what we need to do or who should we call at the Department of Labor Agency regarding our case.

Thank you in advance for your help. I hope to hear from you soon.



1 answer  |  asked Feb 20, 2012 07:59 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
In the absence of a written contract or a collective bargaining agreement the employment relationship is considered to be at will, in essence either the employer or the employee can terminate or change the relationship at any time. The description that you give does not raise any discrimination issue and while this is not fair it does not raise any policy issue under Ohio Law and threfore appears to be legal. If there are other facts, policies or documents related to this, you may wish to see an employment lawyer near you in Cincinnati.

You can select one at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Feb 20, 2012 12:58 PM [EST]

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