wage payment

My employer has just told me that I have not lived up to his expectations after 8 years of employment. The company also has no employee handbook and no job descriptions and no set days for vacation or sick days. He has never before written or verbally told me that I was not doing my job sufficiently. In fact I have recieved annual rasies and bonuses. I previously was allowed to work from home for the entire 8 years of employment and along with the pay cut I am required to work completely from the office. According to written notice of this he admits the quality of my work is good but my employer says my tasks take too long to finish, even though most of the delay is due to his conflicting orders of how the task should be completed. He somehow calculated a 35% pay cut and still wants me to perform the same tasks. He also told me the pay cut will be retroactive to last week. First question, can he do this? and Second question, can I refuse his offer to stay with the company at the reduced pay rate and collect unemplyment compensation?

1 answer  |  asked Oct 29, 2008 6:52 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You may be able to collect unemployment due to a unilateral drop in wages.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, you may be able to collect unemployment due to a unilateral drop in wages. There is no 'magic number' or percentage, but 35% should be sufficient to qualify for unemployment if you must quit due to the drop in wages. A change in worksites may not be enough in and of itself.

Your employer MAY NOT, however, 'retroactively' reduce your wages. You are due the wages you've earned, period.

Your employer may change your worksite, compensation going forward and job responsibilities, but in the circumstances you outline, it is likely that, following a proper set of actions on your part, you can quit the job and receive unemployment compensation.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Oct 30, 2008 08:21 AM [EST]

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