What is my recourse if I was demoted with a written statement but that my pay would not be reduced, however now my employer I trying to decrease my wages?

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What is my recourse if I was demoted with a written statement but that my pay would not be reduced, however now my employer I trying to decrease my wages?

I was given a demotion based on credentials in the health field. Given that I still work in all the critical care areas my director stated in email that my pay would not change with the demotion. This week I was contacted by HR and they are attempting to reduce my pay. Is this legal or do I have grounds for an argument?

Asked on March 25, 2019 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A reduction in pay is perfectly legal, even if you were told (even in writing; i.e. an email) that there would be no reduction, and even if you still work in the critical care areas, unless you have an actual written contract for a defined period or length of time (such as one-year, two-year, etc. contract) guarantying your pay for that period. In the absence of such a contract, under the principal of "employment at will" (which is the law in the U.S. when there is no contract), all aspect of your job, including pay, are 100% under the employer's control. Also, non-contractual promises or statements are not binding or enforceable, so the email you received does not help you.


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