Legal Question in Employment Law in Maryland

When they moved the manager at my husband's store to a new location, they made him the new GM that day. Except they came back a week later telling him that he has " about 6 weeks" to prove that he can do it, and if it looks good, they will consider giving him the official title and raise that come with the job then. This has been a huge increase in his hours and responsibility, with no clear guarentee that he will be "promoted" in the end. Is this legal, if he is clearly filling a position, yet not recieving the pay grade assigned to it? How can he protect himself from being used as cheap labor (since he was the only other salaried employee there, they can work him without having to pay overtime) while they might be planning something else all along? I'm concerned they are forcing him into a position without having to compensate him fairly. There is no one else there on site sharing his duties or monitoring him. He is, undoubtedly, in the position of GM, yet they are denying him the salary they assigned to that position. Seems wrong...?? Thank you. --Concerned and a little angry, N.


Asked on 1/30/11, 9:59 am

1 Answer from Attorneys
Paula McGill Attorney at Law

I understand your concern. However, based on the information you provided, there isn't a law that says a probationary manager must receive the same pay as an actual manager. He should talk with his supervisor about his pay and future at that location.

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Answered on 1/30/11, 1:39 pm


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