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Can my employer promote me and then demote with no explanaition and can they take away my raise if do a different job?

Lancaster, PA |

i started as a personal care aide for a home care company then i got promoted to office assistant then to assistant service coordinator bu, my boss the service coordinator had a personal issue with me so after my raise then took my email back and gave my oa title back but i stood with my $1 raise but i have been very stressed at work so i want to go back to pca work but i wasnt sure if i will go back to $10 an or stay at $12 please advise

Attorney Answers 2

Posted

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. 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, Delaware, New Jersey or Federal law applies.

That being said, unless you have a contract stating otherwise, you are an employee at will, and your job and compensation can be changed (going forward) at the pleasure of the employer - but at the same time, you can quit whenever you want without notice. Not necessarily a fair exchange, but it's the law. You do not have a right to $12/hour if you go back to PCA work, you'd have to speak with the employer about whether you'd keep the salary. I suspect that you would not.

/Christopher E. Ezold/

The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. 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, Delaware, New Jersey or Federal law applies. /Christopher E. Ezold/ The Ezold Law Firm, P.C. Employment, Business and Health Law One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com

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Posted

In Pa., you are considered an employee at will, unless you have a written employment contract. If you have no issues of discrimination, harassment or anything else that would bring your problem into one of the Federal or State statutes, you have no right to the job or the rate of pay, if it is changed. You can consult an employment lawyer to see if your particular case comes within the terms of any statute but, probably not, based on what you wrote.

This answer is not intended to be legal advice in a lawyer/client relationship. Misunderstanding of the answer or use of the answer for any illegal purpose is not the responsibility of the writer. The answer to any question in the Avvo website is constrained by the limited content of the question, an incomplete description of the facts underlying the question or a wrongful motivation for the question.

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