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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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