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#1 BullDawg1

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Posted 25 February 2013 - 08:12 AM

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?

#2 NewYorkEmploymentAttorney

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Posted 25 February 2013 - 08:18 AM

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.
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#3 BullDawg1

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Posted 25 February 2013 - 08:24 AM

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.

#4 adjusterjack

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Posted 25 February 2013 - 08:56 AM

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.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 BullDawg1

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Posted 25 February 2013 - 09:12 AM

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?

#6 adjusterjack

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Posted 25 February 2013 - 10:14 AM

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).

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#7 pg1067

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Posted 25 February 2013 - 10:15 AM

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.

#8 Fallen

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Posted 25 February 2013 - 02:10 PM

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.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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