Am I entitled to back pay in a salaried position?

Here is the scenario, I would like to know what my options are.

Team of 3, 1 boss, 2 equal co-workers reporting to him working on a large scale software implementation. Dec' 2007 My boss leaves the company, and I am named "acting" System Administrator by my General Manger. The "acting" title is officially recognized by our HR department, which came with a 10% pay increase. I continuously asked my GM what the permanent solution was going to be.
During this time, the company had a re-org, and we were moved to another department.
Due to HR policy, "acting" status is limited to 12 months. I received a letter from HR after 12 months saying my acting pay was over due to company policy. I have asked my new manager/management several times about my current situation, to no avail.

I still have all the responsibility, including being on call 24/7 (not in orig job desc), with no compensation. For reference, the Sys Admin position is a ~35% increase in salary.

Am I entitled to anything? Can I force their hand? Is back pay an option too?

For what it is worth, I work for a large public transportation company.

Thanks for you opinion,
Ryan

2 answers  |  asked Feb 9, 2011 1:31 PM [EST]  |  applies to Illinois

Answers (2)

Kristen Prinz
As an at-will employee, your employment relationship is centered upon the idea that either you or your employer can end the relationship at any time and for any reason unless the reason is discriminatory or otherwise barred by law. Although this is generally accurate, some exceptions apply. If there are any agreements or if you are part of a collective bargaining group, your employment relationship may be governed by other principles. Generally, an at-will employment situation provides that the employer is free to discharge employees for cause or no reason at all. In turn, the employee is equally free to quit, strike or otherwise end the employment relationship. In your situation, your employer has essentially redefined your role in the company and modified duties and pay. In an at-will employment situation, the employer may have the freedom to do this. However, the employer may not adjust pay and duties for discriminatory reasons or in retaliation for your reports of discrimination. If either of these events have occurred, it is important to act quickly in pursuing claims because statutes of limitation exist for such claims. At the same time, it does not hurt to ask for the continued pay increase since you have taken on the additional duties.

posted by Kristen Prinz  |  Feb 20, 2011 12:25 PM [EST]
Kristen Prinz
As an at-will employee, your employment relationship is centered upon the idea that either you or your employer can end the relationship at any time and for any reason unless the reason is discriminatory or otherwise barred by law. Although this is generally accurate, some exceptions apply. If there are any agreements or if you are part of a collective bargaining group, your employment relationship may be governed by other principles. Generally, an at-will employment situation provides that the employer is free to discharge employees for cause or no reason at all. In turn, the employee is equally free to quit, strike or otherwise end the employment relationship. In your situation, your employer has essentially redefined your role in the company and modified duties and pay. In an at-will employment situation, the employer may have the freedom to do this. However, the employer may not adjust pay and duties for discriminatory reasons or in retaliation for your reports of discrimination. If either of these events have occurred, it is important to act quickly in pursuing claims because statutes of limitation exist for such claims.

posted by Kristen Prinz  |  Feb 20, 2011 12:23 PM [EST]

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