7 replies to this topic

[BullDawg1]

<sub>Two years ago I was offered a promotional position, which I was reluctant to accept. My District Manager asked me to take it on a trial bases. I was to receive the General Managers bonus but not the salary until I accepted the promotion. At the conclusion of the trial months I decided NOT to accept the position. The DM then stated he was reducing my salary by $8400 a year. He stated I was too highly paid not to accept a promotion.

When the DM left the company, I contacted Human Resources and they agreed to return my salary. They refused any backpay.

My question is, does the company owe me my backpay which totals about $20,000 and can I sue for suffering do to a forced change in lifestyle?</sub>

[NewYorkEmploymentAttorney]

In New York State, if the company observed all the formalities required to complete each change in salary then there would be no legal recourse here.

[BullDawg1]

My question here is how can you reduce my salary just because I would not accept a promotion. I was never given a raise during the trial period. Based on this a company can come in and cut (ust)your salary just because they want to. No reason at all.

[adjusterjack]

My question here is how can you reduce my salary just because I would not accept a promotion. I was never given a raise during the trial period. Based on this a company can come in and cut (ust)your salary just because they want to. No reason at all.

That's absolutely correct. As long as they are paying you at least minimum wage and you have no contract or collective bargaining agreement (CBA) and as long as they do it going forward, they can pay you as much or as little as they want whenever they want.

[BullDawg1]

So out of some 1200 Co-Managers (which I am one), they can decide to just pick one (1) and for no reason reduce their salary?

[adjusterjack]

So out of some 1200 Co-Managers (which I am one), they can decide to just pick one (1) and for no reason reduce their salary?

Yes.

As long as it's not the kind of discrimination prohibited by law (age, sex, religion, disability).

[pg1067]

In the absence of a written employment contract or a collective bargaining agreement between the employer and a labor union of which the employee is a member, an employer may legally fire an employee at any time for any reason that is not expressly illegal (things that are expressly illegal are fairly limited and include discrimination on the basis of race, gender, etc., retaliation, etc.). That being the case, an employer certainly may legally take lesser adverse employment action, including reducing the employee's rate of pay, unless such action is being done because of something that is expressly illegal.

[Fallen]

I can't imagine how you'd know company-wide who's salary is what. It sounds like your manager doesn't understand that they can TELL you to do X job (promotion or demotion or lateral) and your choice is to accept it or quit. They're also free to change salary, up or down, at will, unless you have a contract saying otherwise.