Is it legal to force me to take a new position and reduce my pay by$8.00 an hour?

UPDATED: Nov 16, 2011

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Is it legal to force me to take a new position and reduce my pay by$8.00 an hour?

I am the only one in the department that this is happening too. They have previously laid people off permanently and they received a severance package and was able to draw compensation through the ESC. However, now it seems that they are attempting to force me to quit.

Asked on November 16, 2011 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, employers are free to determine duties and compensation. They can change an employee's job description or responsibilities and/or cut his or her at will, subject only to--

1) If there is an employment contract, its terms must honored;

2) No discriminating against someone because of their race, sex, religion, age over 40, disability, etc.

3) No retaliation for having used a protected benefit (e.g. FMLA leave) or having filed a protected claim (e.g. for overtime)

4) Pay must still at least equal minimum wage

Apart from the above, however, they can force you to take a new position and cut your pay, unfortunately.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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