Retaliation/wrongful demotion?

Sam has worked between 44 and 50 hours each week. Regardless of how many hours he works, he's paid $3000 per month. He questioned his supervisor about this and was told that he is not entitled to overtime pay because he is an administrative employee. Sam took the next step of filing a complaint with the Department of Labor. At a meeting where this case was discussed by a group of managers and the company attorney, the HR mananger stated that she believed the company was violating the law and should pay Mr. Maxwell the overtime that he is owed. Several of the other managers took exception to her comments and asked her whose side she was on. She was demoted to the secretarial pool several days later. A company VP stated that, based on her comments at the meeting, the company had "lost confidence in her ability to serve as a member of the management team." Shortly after she quit and is now suing. Is it correct that the company was wrong in retaliating against her and demoting her?

1 answer  |  asked Nov 29, 2002 1:26 PM [EST]  |  applies to Pennsylvania

Answers (1)

Retaliation/wrongful demotion?

The short answer: YES!

The problem - there is nothing that the HR manager can do other then collect her UC benefits. Because she is (I assume)an "at will" employee, she can be terminated at any time for any lawful reason. In this case, while the HR manager may have been correct in her opinion, she still has no recourse under the law for her demotion and termination.

In some rare cases, employee's are protected from retaliation under the whistle blower laws - this does not appear to apply to your questions.

Please feel free to contcat me if you need more information

David L. Bargeron

posted by DAVID L. BARGERON  |  Dec 3, 2002 01:01 AM [EST]

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