Legal Question in Employment Law in California
Wage Decrease after 29 years of employment
Recently my husband was asked to get a note from his doctor putting him on permanent disability, when the doctor refused they threatened to fire him. When they realized they had mentioned his age (51yrs) they realized their mistake,and told him since he was not as young and productive as he had been they would have to give him a paycut which turned out to be over 50%. He has been employed by this company for 29 years and was still not making what others were. Is this legal can they at any time bring you back to min.wage?
1 Answer from Attorneys
Re: Wage Decrease after 29 years of employment
This answer assumes you are a California resident and your husband works in California for a California employer. Your question is vague on several important factors, the answers to many of which will determine to what extent your husband's rights may have been impacted by his employer's recent decisions. Generally, no California employer is allowed to discriminate against an employee on account of age or from suffering a "disability." Notwithstanding that general premise, however, arbitrary actions taken by an employer (reductions in pay) may not be considered to be discriminatory under certain circumstances. The facts set forth in your question appear to indicate your husband may have been absent from work without appropriate medical authorization. If that is the case, grounds may exist for your husband's employer to invoke employee discipline of one kind or another. As such, your husband should seek immediate legal advice from a local, competent employment law attorney to determine whether his employer properly invoked employee discipline in this instance.