Legal Question in Employment Law in Iowa

I was diagnosed with depression in December 2010 when I had severe depression episodes that scared me into seeking treatment. Shortly after diagnosis I was approved for intermittent FMLA leave as needed. The main cause of and prolonged issue of depression stems from my job. I have an overly oppressive director that doesn't care about work-life balance and only has negative things to say about his employees (unless they are already his friends). Nevertheless, both of us decided that it was best that I seek other employment where I would be able to reduce my stress.
It has now been 6 months since that decision, and I have not been able to find a new position. After a 90 day performance improvement plan, where there was no way I would achieve his expectations, I was given three options: 1) resign, 2) be terminated by the company, 3) stay on in the department and have my pay moved from a $90k manager salary to $50k staff accountant, while the director starts seeking a new manager. I would still be expected to perform manager-level tasks, but be paid as if I was an inexperienced accountant.
This salary change will take place early in July. I am currently concerned that my accrued paid time off at my $90k rate will only be paid out at the $50k rate when it is taken or when I am paid for its balance when I leave. Can my employer only pay me at the lower rate for accrued time at the higher rate, or should they be keeping the two time periods separate?

Asked on 6/30/11, 11:16 am

Robert Luedeman solo practitioner

0 users found helpful

0 attorneys agreed

I would suggest you contact an attorney who practices in the area of employment law.

Answered on 7/04/11, 9:08 pm

Keywords

Match Any Match All

Country

State

Area of Law