Can I Be Demoted or Have My Hours Reduced as a Form of Retaliation?

The Equal Employment Opportunity Commission (EEOC) explains that retaliation is an unlawful employment practice that occurs when an employer takes adverse action against an employee because he or she exercised a legally protected workplace right. Any adverse action could potentially support a retaliation claim, including a demotion or reduction in hours. Here, our Hershey employee representation attorney explains how to bring a retaliation claim for a demotion/reduction of hours in Pennsylvania.

What You Need to Prove to Bring a Retaliation Claim in Pennsylvania

Proving that you were punished by an employer is not sufficient to bring a successful retaliation claim in Pennsylvania. There are specific things that you need to prove as part of your claim. Here are the three core elements of a workplace retaliation claim:

1. Protected Activity: You must have engaged in a legally protected activity. Some examples include filing complaints about discrimination, reporting a safety violation, and asserting your rights under wage and hour laws.
2. Adverse Action: Next, you must prove that a negative employment action was taken against you. Adverse action can include termination, demotion, reduction in pay or hours, denial of promotions, or anything else that is materially unfavorable.
3. Causal Connection: Finally, you need to connect the protected activity to the adverse action. This can be established through evidence such as temporal proximity (the adverse action occurring shortly after the protected activity), inconsistent explanations for the adverse action, or a pattern of behavior indicating retaliatory intent by your employer.

Causation is essential to any retaliation claim. Unfortunately, employers who engage in illegal retaliation will often try to come up with pretextual (false) reasons to justify punishing an employee. It is crucial that you are prepared to bring a strong, comprehensive, and well-supported case that proves that you endured illegal retaliation. A Hershey, PA employment lawyer can help.

Demotion/Loss of Hours Could Be Retaliation

Any type of adverse action could be sufficient to support a retaliation claim if the other legal elements are met. To be clear, this means that demotion and/or reduction in work hours can constitute retaliation if they occur as a response to an employee’s engagement in protected activity.

For instance, if an employee reports workplace discrimination and subsequently experiences a significant cut in hours or is reassigned to a less favorable position without a legitimate, non-retaliatory reason, that is indicative of unlawful retaliation.

Employees who suspect they are victims of retaliation should document all relevant events, communications, and changes in employment conditions. You have the right to pursue a claim. Potential remedies include rescission of the demotion, reinstatement of your previous hours, and financial compensation for all of your damages related to the unlawful retaliation.

Consult With Our Pennsylvania Employment Attorney Today

At Morcom Law, our Pennsylvania employment attorney for employees has extensive experience handling retaliation cases. If you believe that you were demoted or your hours were cut in violation of the law, please call 717-921-1422 or contact us online for a fully confidential consultation. With an office in Hershey, we represent employees throughout the wider region in Pennsylvania.