DEMOTION IN JOB TITLE AND PAY/ EMPLOYERS REJECTION FOR A PAY-OFF
Hi am GO I have an issue currently in my office and it has to do with demotion both in title and pay check. My company has been new acquired by a new company and the new company without ending the previous contract which has existed suddenly came up with a new contract letter captioned REVISED CONTRACT OFFER LETTER. The content of the letter is purely a new offer letter on the same job role but with a lower title and 45% reduction in pay with all the allowances and condition of service tampered. Now they claimed that it's a continuation of service but it was not indicated on the letter, however they said you will be on another probation for 6months even with the same company. And the worst part they are not willing to grant me redundancy/retrenchment as that will accrue some cost to them, but if I decide to leave on my own volition, then I go home without any reward after 9yrs of continuous service. Even though I still want to work with this company, but am not willing to accept the new job title because its a big crack on potential and market value. Please can I do. Thanks for your advise.
Please note am from Nigeria and my country is not indicated here. for reference I will use New York State
Answers (1)
If your immigration status is not at risk employers are usually free to do as they please with a few exceptions.
The first thing we examine is whether you are under contract, under a union CBA, or protected by government employee civil service laws. Contract employees have definite terms such as "X dollars annually through January 1, 2018" (which is just one example of how a written and signed contract might appear).
Excluding the above terms and conditions are generally subject to change at any time. Also, under the same exclusions employers are not required to provide severance. Under the same exclusions titles mean very little. In the U.S. it's all about how much an employee is compensated. What you are called is almost irrelevant except when deciding which class or category of employee you might fall under.
If your immigration or residency status is at risk seek counsel with an immigration lawyer.
If you are under a definite term written contract pay a labor and employment lawyer to review the specific terms of your employment agreement.
If you believe that you are being discriminated because you are a member of a particular class of employee and you are being treated differently than other classes of employees because of such inclusion which is beyond your control seek an employment discrimination lawyer for advice.
If you need unemployment benefits because you have lost your job not due to misconduct (having your pay cut in half is almost certainly good cause to leave to collect UNEMPLOYMENT BENEFITS but ONLY for this purpose in NY. If residency or immigration status is affected in any way discuss with an immigration lawyer BEFORE you quit - it would do little good to recover unemployment if you are deported which action would disqualify you from benefits since you would not be available to accept another job).
Good luck.
posted by V Jonas Urba | Jan 16, 2017 08:28 AM [EST]
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