Human Resource Blog

Constructive Demotion in Florida

One of our employees in Florida has recently requested a “constructive demotion.” What does this mean and how should we deal with it?

A constructive demotion is something that an employee may request if the employee feels that the working conditions in the particular position were unsafe or unsuitable for any reason and the employee wishes to move to another position. Sometimes employees will also ask for a constructive discharge, in that they wish to leave the company because the working conditions have become so unfavorable.

When you have a constructive demotion request, basically, your employee is telling you that he would like to continue to work for your company, but is not able to for some reason in the particular position and capacity. One reason that the employee might not be able to stay in the current position could have to do with personal problems, such as the employee feeling that the job requirements are simply too much to bear.

In general, though, keep in mind that when an employee asks you for a constructive discharge, the employee is telling you that the working conditions are so intolerable that the demotion is the only way he or she can continue to work and still be healthy or satisfied. It is also common that a bias mirrors the unsuitable environment. For example, if you are faced with a constructive demotion request, it’s likely that some sort of bias has influenced the request.

Also, keep in mind that if your employee is claiming that the working environment is unsafe in her current position and that she needs to be demoted in order to be safe, then your employee may be telling you that her OSHA rights are in question.  Her OSHA rights are in place to ensure that she has a healthy and safe working environment. Be sure that the environment truly is up to par if you are investigating the situation because if it is not and the employee does get demoted, then you could very well have a legal situation on your hands. This is where documentation and investigation both play a key role.