Can my employer demote my pay, change my hours take away my earned PTO if I gave a 4 month notice?

UPDATED: Oct 1, 2022

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Can my employer demote my pay, change my hours take away my earned PTO if I gave a 4 month notice?

This month I told my employer that I would be leaving the office in 4 months. I gave him a lot of notice so he would have time to hire someone new and I could help train them. Since then he has tried to change my hours by adding a lot more on he told me my lunch hours were now clinic hours and I was to train other employees during them and took me from a $47,500 salary to $19 hourly. He also said that I no longer get my PTO. Is this legal?

Asked on January 22, 2019 under Employment Labor Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He can demote you and reduce your pay going forward, and also change your schedule, unless you had a still-in-effect (not terminated or expired) written employment contract guarantying or locking in those things. Except to the extent changed by a contract, all employment in this country is "employment at wlll," which means (among other things) that the employer can change your pay, duties, hours, etc. at any time, for any reason.
He cannot take away earned or accrued PTO--having earned it (having done the work which earned the PTO) it is yours. But he can stop giving you new or more PTO.

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