Legal Question in Employment Law in New York
reducing wages due to poor job performance
Is it legal, and/or what are the implications of reducing an hrly employees Hrly rate of pay due to them not passing certain training programs. This is in manufacturing field.
1 Answer from Attorneys
Re: reducing wages due to poor job performance
In general, an employer may adjust an employee's pay if the employee does not meet the requirements of the position and the employer then places the employee in a lower rated (and paid) position. However, there are many other issues to consider. For example, does the employee have a disability that with reasonable accomodation he/she could pass the training program and perform the essential elements of the position? You should consult an employment law attorney who can review your situation with you and provide appropriate advice.