Can my employer switch my job position and cut my pay?

Asked on October 27, 2011 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, an employer can change an employee's job position and cut his or her at will. After all, an employer can fire an employee at will in most cases, so the employer can take steps, like changing job or cutting pay, which are less than termination. The exceptions:

1) If there is an employment contract; if there is, any terms in the contract about job, title, duties, pay, etc. will control.

2) If the reason for the negative action against you is discrimination against your race, sex, religion, age over 40, or disability.

3) If the reaons for the negative action is retaliation against you for having used a protected benefit (e.g. FMLA leave) or raised a protected claim (e.g. for overtime; against discrimination).

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