My son use to work for a company in Texas. He was promoted in May to an Acting Lead Sales position and on October 2014 he was told that the employee who use to do that work was returning, thus causing my son to return to his position of Sales Specialist and thus decreasing his salary. Now they say that this was a temporary position but they never mentioned that when they offered him the position in May. Is there a constructive dismissal in this case. This case occurred in Texas but we live in Puerto Rico.
Texas follows the at-will employment doctrine. This means that an employer can fire, promote, demote, transfer, change job duties, change work locations etc. of an employee at any time for any reason or no reason. By the same token, the employee is free to quit anytime he or she desires.
Two caveats to the above: 1) the employer cannot reduce pay for work already performed. It can only do so into the future; and 2) the employer cannot discriminate against a worker on the basis of his age, sex, race, national origin, religion, color, disability, filing of a workers comp claim or refusing to commit a criminal act.
Assuming both positions were at-will positions (ie you son had no contract in either), then most likely the employer was free to promote and demote your son and raise and lower his compensation for any reason or no reason at any time with or without notice.
Otherwise, if you think there is more at issue, you should contact a Texas attorney in or near the county in which your son works or worked and preferably one who is Board Certified in Labor & Employment Law.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.