Legal Question in Employment Law in Georgia
Salary Reduction
I have worked for a small business for 2 1/2 years as a sales executive. During that time I have far exceeded the standards established between myself and the owner; however, he is now proposing to reduce my salary. He is stating that due to a loss of revenue, he has to make up for it in other ways. He is not however reducing the salray of all the employees, in fact he has given a couple raises!!
Is he legally allowed to reduce my salary? Is this discrimination?
Aditionally, I am pregnant.
This is occuring in the state of GA.
3 Answers from Attorneys
Re: Salary Reduction
I agree with Jack Rosenberg on his analysis. If you want to read information regarding Title VII and the EEOC, you should go to the agency's website (www.EEOC.gov). The EEOC (Atlanta Office) also maintains a list of attorneys who accept Title VII cases.
Re: Salary Reduction
Absent a contract, virtually all employment as at will and one can be terminated for any or no reason (except for a very limited types of discrimination). One of those reasons might be an unwillingness to take a lower salary or wage (assuming it is above minimum) when economics dictate. There is no general right to force an employer to keep an employee at all, much less at a certain salary, absent a contract.
Re: Salary Reduction
Is the owner legally allowed to reduce your salary for non-discriminatory reasons? YES
Is the owner legally allowed to reduce your salary because you are pregnant and is trying to force you to quit? NO
This would potentially be a violation of the Pregnancy Discrimination Act (PDA) of Title VII of the Civil Rights Act. This would assume that it is a covered employer, having 15 or more EE's.
Further, if there are differences in pay for the same job based on gender, then it could be a violation of the Equal Pay (EPA) of the Fair Labor Standards Act. This would assume that it is a covered employer, which does not require 15 EE's.
You should immediately contact an attorney in your matter to review your case.