Monmouth County Discriminatory Demotion & Pay Cut Lawyer
Illegal workplace discrimination can take many forms. In some cases, an employee is fired outright because of a legally protected characteristic, such as race, sex, gender, age, or national origin. Other times, employers are a bit more subtle. They will not fire someone because of a protected characteristic but they will treat them less favorably at work. For example, they may decide to pay Black employees less than white employees, or favor male employees for promotion over female employees.
Such actions are still illegal. And if you have been the victim of such discriminatory conduct you have the right to take legal action. The Monmouth County discriminatory demotion & pay cut lawyers at Poulos LoPiccolo PC represent individuals dealing with these types of adverse employment decisions. If you have seen your pay cut or job duties redefined as part of a campaign of illegal discrimination, we will stand up for you and your right to compensation.
Your Boss Cannot Base Pay or Job Assignments on a Protected Characteristic
In New Jersey, employment is normally considered “at-will.” In other words, your employer is free to fire you or even change the conditions of your employment at any time absent a written contract. This includes the ability to reassign or demote you and/or decrease your compensation.
But an employer cannot take any such action based on a discriminatory motive. That is, employment decisions cannot be based on a protected legal characteristic. So for example, your employer cannot decide they will only cut the hourly wages for employees of Hispanic descent. Similarly, they cannot implement a policy that results in the demotion of female employees but not male employees.
Similarly, an employer cannot use a demotion or pay cut to retaliate against an employee who may have been the victim of illegal discrimination in the workplace. For example, if an employee files a complaint with human resources that they are being harassed by a supervisor due to their age, the company cannot respond by “reassigning” the employee to a lower position with reduced pay. Even if the original complaint cannot be proven, the employer’s actions are still a form of illegal discrimination against a protected individual.
In short, decisions regarding pay and job assignments cannot be based in any way on an employee’s legally protected traits. An employer who does so can be ordered to pay damages to the affected employees. Such damages can include back pay and benefits as well as additional compensation for the victims’ emotional distress.
Experienced Demotion & Pay Cut Lawyers Serving Ocean, Monmouth & Middlesex County
We all like to think that our employers decide our position and salary based on merit. But we are also smart enough to realize that is not always the case. Far too many New Jersey employers continue to improperly take matters like race or sex into account when determining the conditions of a person’s employment. And if you have been the victim of such conduct, it is in your best interest to work with a skilled New Jersey discriminatory demotions and pay cuts lawyer who can help you fight back against such abuse. Contact Poulos LoPiccolo today to speak with a member of our team.