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i was the night manager at my store getting 32 hours a week and $7.00 an hour. i was responsable to close the store and take care of all the paper work i was demoted to cashier at 30 hours a week and $6.30 an hour but was told that i still had the same responsibility to close the store and also do the paper work as before when i was night manager. Is it legal for them to do this?

2007-10-21 13:01:42 · 9 answers · asked by Lost 1 in Politics & Government Law & Ethics

9 answers

It is legal for them to do it, and it is also legal for them to lay you off without any reason at all. The employer has only the duty to pay you on time and to protect you from harm on the job. That's ALL.

Oh yeah, and to send you a w-2 in january whether or not you are laid off.

Hope it works out.

2007-10-21 13:09:41 · answer #1 · answered by Shell Answer Man 5 · 1 0

That's a huge bummer, I am sorry Most people will probably to tell you to accept your loss and be thankful you were not fired. - Well, not me. I would fight this demotion all the way, solely based on Principle! I do not know what state you are in, or what comapny you work for... I do know however that all states have a labor board in which you as an employee can call and ask as many questions as you'd like regarding your employer, and their accusations against you... what accusations, you ask? The fact that they stated you are no longer eligible to remain in the position you currently held, is an accusation of failure to perform, and they did this without so much as even one written or verbal warning, which is absolutley required by law. It also would have been in their best interst to allow you the two days you asked for, because now that is another strike against them. Don't not resign your current position! Go in tomorrow and inform them and it is your intention to obtain legal advise on this matter, making sure they are aware that they can not fire you because of this, you have every right to fight them.. Wrongful termination is also against the law. If you were indeed doing such a bad job, why on earth would they leave you at the same rate of pay? A demotion is just that, a step down to a lower position, and normally a lower rate of pay. It really sucks when people take such horrible advantage of others. I am a huge fighter for principle.. You have rights, fight for them. Please remember if you resign you can not collect unemployment, which is why they want you to resign. Best of Luck to you.

2016-05-24 01:57:02 · answer #2 · answered by ? 3 · 0 0

Shellans is right - it is COMPLETELY legal for them to do that, at least in the US. I suspect that Shellanswerman has either legal training or familiarity with the law.

Now, if you have a strong reason to believe that you were demoted because of your race, gender, disability, age, etc., you might have a Title VII/ADA/ADEA claim. But don't file such a claim if you don't have much to go on - it'll just waste your time and money.

Good luck.

2007-10-21 13:27:54 · answer #3 · answered by Jimmy 4 · 1 0

It just might be that business is not as good as it should be and it;s either demote you or lay you off,
6.30 an hour is still better than 0.00 an hour

2007-10-21 13:09:40 · answer #4 · answered by TedEx 7 · 1 0

they can pay any amount they feel is correct for that job. They have the rights to set terms and conditions of employment and to prescribe your duties at that job.
your option is to accept of reject that job based on terms of employment and pay scale.
good luck

2007-10-21 13:11:54 · answer #5 · answered by Jan Luv 7 · 0 0

the last time i've heard something like this was like 4yrs. ago.
my friend somehow got demoted however she retained her salary and did the job that she was supposed to do. i thinks its illegal..check the labor dept.if I were u.

2007-10-21 13:07:16 · answer #6 · answered by junex 2 · 0 2

Certainly. No one is forcing you to stay there and put up with it, therefore the courts will say there is no torte.

2007-10-21 13:22:08 · answer #7 · answered by Anonymous · 0 0

No, it is not. I suggest you go speak to an attorney who handles labor & employment litigation.

2007-10-21 13:04:58 · answer #8 · answered by cyanne2ak 7 · 0 2

They can't drop your pay without your consent. You have to agree to move to a lesser rank and pay at your empoyers.

2007-10-21 13:07:59 · answer #9 · answered by Belgariad 6 · 0 3

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