Legal Question in Employment Law in California
Stepping down and reciving a 30% pay cut??
Quick scenario..
1 year ago, my wife was working in CA for company ''A''�they got bought out by a national company based in FL�after everything negotiated, she kept her position and salary..
Few months later, she was asked if she wanted to be in mgmt�.she said yes, and they offered an additional $5,000 a year�.she took it.
Now, a year later, she has decided that she no longer wants the mgmt role, she wants to go back to being a lead like she was originally�her new boss was very positive on the whole thing, and said ok.
She followed up with an email saying she is now going to drop my wife�s salary $20,000 a year!
Is that legal? How do you offer 5K, then drop it 20K if someone does not want it anymore? She was never written up, never spoken to, etc�this was her own decision.
She is bound by CA laws correct? FL is a right to work state.
Is there some CA code I can point to, in order to show them that you cannot do this?
Any advice would be great.
1 Answer from Attorneys
Re: Stepping down and reciving a 30% pay cut??
I hate to break this to you but the terms of employment are subject to change at any time, upon notice to the other party. Unless an employee has a contract that guarantees a particular position or a certain rate of pay for a specified period of time, positions and wage rates can change at the will of the employer.
Perhaps your wife can negotiate a higher pay by listing compelling reasons why she is worth more than what they are willing to offer for the reduced role. But never make an ultimatum because the employer just may call her on it and she will be left unemployed and, quite possibly, without unemployment benefits for rejecting a job.
The only possible scenario she may have for a legal violation is if she is being treated differently for discriminatory reasons, i.e. they are paying similarly situated men more than they are offering her.
If this is not the case, she may want to consider other companies willing to place more value on her services.
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