Can my employer take my raise away if I don't agree to go salary or take a new shift?

Asked about 5 years ago - Madison, TN

I just recieved a $3.00 per hour raise last week, but one of my supervisors is saying that the company is going to have me go salary and make me go from 3 days to 4 or possibly 5 days a week. I don't want to go salary because I won't be elegible for overtime pay and it takes me 1 hour to get to work, so I don't want to drive to my job more than the 3 days that I already drive. If I went to 5 days a week it would be 10 hours a week drive time and according to my supervisor I would be working 2nd shift hours. I have a family and I can't work those hours 5 days a week. I currently work 40-45 hours in 3 days. I average $640 a week with salary I would probably only get $538 a week. What can they do if I don't agree to go salary or change work days?

Additional information

If they do change my pay or schedule and I tell them I can't work the hours, is that considered me quiting? If not do I continue to work my schedule until they let me go? Will I be elegible for unemployment benefits?

Attorney answers (1)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . Tennessee is an employment at will state. This means they can fire you. Absent a written contract or a union agreement, employers can terminate an employee for any reason or no reason, just not a discriminatory one. They can change your hours and your wages, but not retroactively. Even on salary you may be entitled to overtime, depending upon your job duties. Nonexempt employees are still entitled to overtime, even if on salary. Contact the Labor Department if you have any questions. 615-741-2858

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Related Topics

Overtime and non-exempt employees

Non exempt employees, often called "hourly" or "wage" workers, receive time-and-a-half payment for each hour worked over 40 hours per workweek.

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