My management position is being eliminated and I have been offered a much lower position at 2/3rd of my current salary. Can I hold my employer responsible for paying me my current salary since this demotion is through no fault of my own?

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said, unless you have a contract preventing the demotion or pay change, or are being treated differently than other similarly situated employees due to your race, gender, age, disability, religion, etc., or are being illegally retaliated against for refusing to commit an illegal act, using workers comp/unemployment, demanding wages due or certain whistleblowing, the answer is no, you cannot hold your employer responsible for your current wages. Generally, you are an employee at will, and can be demoted/fired at any time, without notice or reason (unless the above conditions apply).

/Christopher E. Ezold/

posted by Christopher Ezold  |  Feb 5, 2016 11:28 AM [EST]

Generally, if you are an at-will employee, with no employment contract, your employer is free to promote or demote you, increase or decrease your pay, etc. Your right is to leave the employment if you are not happy with what the employer does.

There are several caveats to this. If you have a binding employment contract, the employer may not be able to alter its terms.

If the employer makes an employment decision (such as promotion and demotion, or pay) for a discriminatory reason (age, gender, race, etc.), you may have an action against the employer.

posted by Scott Leah  |  Feb 5, 2016 08:12 AM [EST]