I was demoted to align with my salary ith e, do I have a case...

I have been working at my firm for about 8 years, with the same job title but they recently completed a Labor Conditions Alignment analysis and they changed my title or demoted me...I believe that it was done to align with my salary...is that illegal? So rather than give me a pay increase to match my job title they demoted me.

1 answer  |  asked Aug 17, 2016 08:44 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
If you are a union member your collective bargaining agreement governs that type of action. If you work for the government or have a written employment contract then civil service laws or written, agreed policies control. If none of these apply you are "at will."

If so, as long as you were not discriminated against it may be legal. You are not paid below minimum wage? You are compensated for all hours worked? You are not treated differently because you belong to some protected class or group of persons? If you are over 40, female, or a member of many other protected classes they can not reclassify you and treat members of other groups or classes better than members of your group or class even if you are the only one in your group or class entitled to protection.

You should run the specific facts of your case, since you provided such limited information, to a labor and employment lawyer. It may be worth consulting with a lawyer because this "might" be the first step to either having you find another job or to laying you off. If you have concerns about that a lawyer can often help position you or counsel you in the background so that you are prepared when that happens. Good luck.

A lot of what we do is not litigating cases but helping employees document or prepare themselves for what appears to be coming. Sometimes we are able to recover monies for discriminatory conduct which occurred in the past at about the same time our employee/client finds a new job and with a skilled lawyer an employee can accomplish everything privately and in a civil manner without making it a federal case. But other times taking them to court is the only choice. Make sure you have a written, signed fee agreement with a lawyer of your choice and best wishes.

posted by V Jonas Urba  |  Aug 17, 2016 11:15 AM [EST]

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