Demotion and reduce pay

Been with my employer for 20 years. Been a cancer survivor since 2002. Last bout of chemo was rough and took extra time off to recoup. Now they are telling me that I'm not giving a 100% and they will find another position and title for me at reduce pay. I make just over 6 figures. As a side I'm at retirement age but can't afford to retire. Is this legal?

1 answer  |  asked Jul 7, 2017 09:00 AM [EST]  |  applies to Illinois

Answers (1)

Cynthia Pietrucha
Typically in Illinois, employees are "at will" and can be terminated or subjected to reduced pay. The exceptions are if there exists an agreement to the contrary or if the reason for a demotion/reduced pay is based on the fact that you had chemo. You may have a potential disability discrimination case if your employer's 100% comment is based on discriminatory reasons or because you had to take leave to recover from chemo. However, if you are unable to perform your job at 100%, you should ask for a reasonable accommodation to give you an equal chance to perform at your true potential or discuss any potential discrimination with human resources. Dates will be very important as discrimination claims have a shelf life of 180-300 days. I would highly recommend you call an experienced employment lawyer for a consultation.

posted by Cynthia Pietrucha  |  Jul 7, 2017 10:48 AM [EST]

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