If my current position is being eliminated so I transfer to a new one, can they legally cut my salary if I select the lesser position?
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If my current position is being eliminated so I transfer to a new one, can they legally cut my salary if I select the lesser position?
Our company in business for 30 years is eliminating my position. I have been employed in this position for 7 years. Although all the specifics have not been provided in their entirely, it seems that 2 new positions are being created in its place. One with added responsibilities, and one with lesser responsibilities. Supposedly we can choose which position we prefer. The lesser position has a cap of 20k less than I am currently paid.
Asked on May 1, 2017 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless your salary is guaranteed under the the terms of a union agreement or employment contract, then you are an "at will' worker. Accordingly, your company can set the conditions of your employment much as it sees fit, absent some form of actionable discrimination. If you disagree, you either complain but risk termination or quit. Unfortunately those are your only options ohther than accepting the lower salary.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless your salary is guaranteed under the the terms of a union agreement or employment contract, then you are an "at will' worker. Accordingly, your company can set the conditions of your employment much as it sees fit, absent some form of actionable discrimination. If you disagree, you either complain but risk termination or quit. Unfortunately those are your only options ohther than accepting the lower salary.
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