Expert Advice When You Need It Most

Can my employer give me 76.6% decrease in pay and demotion without a 30 day notification?

The change in status is due to retaliation, age and religion discrimination. They demote me from one of the highest paid positions in the company (degreed engineer) to a grunt worker after one year of service for which I received two pay increases in less than a year. Recently they responded to my numerous safety concerns of the facility very negatively. I feel that there is an issue with retaliation as well as age. Upon my demotion they promoted a non-degreed 20 something year old man who was on probation due to issues at work. Are they allowed to do this without a 30 day notification? I now make $9.00 hour. Am I still eligible for my vacation time at the higher rate?

Additional information
Also, I have a contract/offer letter agreeing to our terms of employment with signatures.
Save

Attorney answers (1)

Reputation Level 9
You might have some protection if the letter confirming your hiring set a specific term of employment, such as one year. Otherwise, the employer might be able to change the terms of employment with or without a 30-day notification. The Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor accepts complaints of retaliation because of raising safety concerns, but keep in mind that the claim must be raised within a relatively short time after your demotion. A local office is listed in the telephone directory. In considering whether you have an age or religion claim, be sure to consider that there must be more to the claim than your being of a certain age or religion. You must be able to show that you were demoted BECAUSE OF your age or religion. One way that might be shown is by showing better treatment of a younger employee in a position similar to yours. The fact that a younger employee was promoted, while you were demoted, in an of itself does not necessarily show discrimination. If the younger employee was assigned duties that you used to perform as a degreed engineer that could show discriminatory treatment. You can consult the local office of the U.S. Equal Employment Opportunity Commission for advice and to file a charge of discrimination, if you decide to do so. The EEOC also might give you names of attorneys that you can consult, if you wish to do so.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now