can my employer cut my salary for not performing a duty that he has not trained me yet to do?

hello, i am not sure who to turn to and i am hoping you can atleast help me determine whether I have a leg to stand on.



I recently became injured no at work but on my way to work by a 3rd party. My back is severly sprained and I am having medical issues with my shoulder. I initially sent a request to my worker to please allow me to use a chair in the office with a back as he was well aware of my medical situation. He refused and i am forced to stand all day because I cannot use the stool that he has in place for me. when there are 2 perfectly good regular chairs not currently being used available. This situation has not helped my state of health but I continued to come in to work on time and regardless of the pain do my job 100%. I work ridiculous hours 9:20 - 7pm mon - fri with only 40 min lunch and no breaks in between; and every other saturday. When I was hired we negotiated my salary as I explained to him that I need to bring home a certain amount of money a week to support my family. He agreed to my number and I have been working for 3 weeks.



I received a text this morning Sunday at 8am from my boss stating exactly this:

"i need to give you a pay cut to adjust for your not being able to generate revenues by selling bras in the fittin room. We need to reset your salary to my usual and customary starting pay level or the stress is going to kill me."





For one, fitting bras is a specialty position and requires training from my employee as there is a mathematical equation and special way of sizing women to do so. It is outside the scope of my job description but I would have gladly still done it. I was NEVER offered training nor have I ever denied the opportunity to learn it. Can he truly just cut my salary based of a performance that I cannot even begin to do with out training that he has never offered to provide to me?. He knows from my resume that I am an administrative personel with no bra fitting experience whats so ever. My title is Assistant to the GM. I cannot feed my family off of what he is reducing my salary to and I am going to have to quite.



Please help me I feel he has over stepped his boundaries many times since I have started but continued to bite the bullet but this I cannot tolerate and simply cannot afford to keep working for him. He has said things to me like.. "is english your second language?"



uggh... please help...

Thanks

Tish Trinidad

0 answers  |  asked Oct 17, 2010 11:55 AM [EST]  |  applies to New York

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