My fiance is being demoted out of nowhere and they are decreasing his salary. Can they do this?

My fiance is the manager of a jewelry store for about a year and a half. He has done an amazing job and won many awards within his company for doing so well and improving this store from the year before. However, this same company is now saying his performance is not what they expected and are demoting him and docking his salary pay out of nowhere. Can we do anything about this? we Live in Illinois. What are the laws on demotion? Also I was wondering..He has worked at least 50 hour work weeks under his salary pay, never paid overtime. How can I figure out if he is Non-Exempt or not. Because some weeks he worked 75 hours a week. I know he is deathly under paid and I need some kind of answer. Please Please help me!

2 answers  |  asked Jun 22, 2011 3:41 PM [EST]  |  applies to Illinois

Answers (2)

Alejandro Caffarelli
If you are interested in scheduling an initial over the phone screening, please do not hesitate to contact me directly to arrange a date and time for a screening.

If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.

posted by Alejandro Caffarelli  |  Jun 23, 2011 09:44 AM [EST]
Ron Schwartz
You asked two questions. One concerns demotion and a pay cut. The other is whether your fiance is entitled to overtime.

Generally, as to employees who work in Illinois, if an employee does not have a contract of a definite duration and there is no unlawful discrimination, an employer can demote an employee at will. This also includes pay cuts.

Regarding overtime, it depends on how many employees your fiance supervises and what his primary duty is.

If you want to discuss this further have your fiance call me.

Ron Schwartz
312-263-6330

posted by Ron Schwartz  |  Jun 23, 2011 06:36 AM [EST]

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