Employee #1 returns. Employee #2’s hourly wages are reduced back to old wage. Is this fair and legal?

Employment Employment Wages

Employee #1 goes on medical leave for nearly 3 months. Employee #2 is trained and assumes new role and receives raise (with no title change) as compensation. Employee #1 returns. Employee #2’s hourly wages are reduced back to old wage. Is this fair and legal? The compensation was not a bonus. It was in fact a raise of 4.6%.

Additional information
The agency is significantly funded by the NIH, a federal sponsor (not sure if this matters).
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Attorney answers (2)

Contributor Level 13
Answered October 22, 2009 11:28. I write to confirm the previous attorney's response, as I AM licensed in Washington. We are an at-will state, so unless Employee #2 has a contract, either individual to him or her or a collective bargaining agreement, or unless he or she works for a government agency, the action is legal,even if unfair.
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Contributor Level 18
Answered October 21, 2009 15:53. Assuming you're an at-will employee, they can reduce your wage. Your remedy is to find a new job. It's not fair. But fair isn't the issue. What they did is not unlawful, unless you have a written contract for a term at the new wage. You don't report one, so I assume you don't have one.

Not legal advice as I don't hold Washington licensure. It's simply my analysis of the facts you provide in light of general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds Washington licensure.

Good luck.
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