Legal Question in Employment Law in Wisconsin
layoff rehire at lower wage
My company laid me off 3 weeks ago and now they want me to come back to work but at half of my base pay. I am in outside sales and am making more on unemployment than I was before they laid me off. Do I have to return at the lower wage or do they have to offer me the same compensation?
1 Answer from Attorneys
Re: layoff rehire at lower wage
Unfortunately, unless you had a contract with your employer for the higher wage, which sounds unlikely given your description, you have two choices: (1) return to work at the lower wage, or (2) don't return to this employer. The reason why the employer can lower the wage is due to the concept of "at-will" employment in Wisconsin, which includes not only hiring and firing for any legal reason, but also freedom to set and change the wage/salary level on a whim or, as may be the case here (especially considering you were laid off), due to a sluggish economy.
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