My employer is reducing my pay a dollar based on two reasons that are untrue, can she do this?
First reason is that I do not do the inventory anymore,and the fact is that I got a dollar raise in July, 2012 and I started the inventory in Nov. 2012. I never got a raise to do inventory.
Secondly, they said I am no longer the team lead in the kitchen, because they hired a new GM to run the whole restaurant. Yet just the other day when a new employee asked what to do the GM said ask Tina. I said thanks for doing that it let the new employee know that I am in charge and he said that is why I did it. So both facts for lowering my pay are untrue is this discrimination? Is this legal?
1 answer | asked May 1, 2013 8:24 PM [EST] | applies to Arizona
Answers (1)
Let me begin by making an assumption. I assume that your employment is terminable at will. Unless you have a contract that gives you some form of job security, the presumption is that your employment can be terminated at any time, with or without a good reason. It then follows that the terms of your employment, including your pay, can be changed at will. Your employer doesn't need a reason to do this. The fact that the employer gave you a reason that doesn't hold up doesn't give you some legal protection that you didn't have before. Whether this is discrimination depends on whether you are being treated less favorably than some other employees in the same situation. But you need to understand that discrimination is not illegal unless it is based upon a prohibited reason. The civil rights laws prohibit discrimination based upon sex, race, religion, national origin, color, age and disability. There are also laws that prohibit certain discrimination based upon military status. If the reason for the discriminatory treatment doesn't fall into one of these categories, it isn't unlawful.
posted by Francis Fanning | May 2, 2013 10:17 AM [EST]
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