I was in a position for a year an 3 weeks. My employer and my new boss said i was deficient in certain aares. they agreed to update my training, I have it in writing on my eval. In Dec they said they will give me until feb26, to re eval me. the training didnt take place and i am being demoted. Do i have any rights here?1 answer | asked Jan 11, 2003 10:23 AM [EST] in Employment Law | applies to New York
In New York, if you do not have an employment contract, or are NOT represented by a union, you are considered to be an "employee-at-will." This means that you can be demoted (or even fired) for any reason, no reason, good reason or bad reason. Believe it or not, a person can be demoted or fired simply because they are a fan of the Buffalo Bills.
There are some exceptions, however, to the employment-at-will doctrine. An employer cannot take an adverse action against an employee that is motivated by their race, religion, sex (including pregnancy), national origin, age, disability or marital status. Moreover, it is illegal to retaliate against an employee who has complained, in good faith, of unlawful discrimination.
If you can prove that you have been discriminated against because of these factors, there are federal and state laws that may protect you. The federal law (which has the better remedies) is enforced by a federal government agency known as the Equal Employment Opportunity Commission ["EEOC"]. To protect your rights under these laws, you must first file a charge of discrimination with the EEOC WITHIN 300 DAYS from the date of the event that you wish to challenge. You do not have to hire a lawyer to file a charge with the EEOC. To contact the EEOC, call the Buffalo office at (800) 669-4000. You can visit the EEOC web site at http://www.eeoc.gov
The federal law applies to employers who employ at least 15 people. If your employer employs less than 15 people, I recommend that you contact the New York state law enforcement agency known as the New York State Division of Human Rights ["DHR"]. To protect your rights under state law (which applies to employers who employ at least 4 people), you can file a charge of discrimination with the DHR WITHIN 300 DAYS from the date of the event that you wish to challenge. You do not have to hire a lawyer to file a charge with the DHR. To contact the DHR, call the Binghamton office at (607) 721-8467. You can visit the DHR web site at http://www.nysdhr.com/
posted by Steven V. Modica | Jan 11, 2003 11:38 AM [EST]