My employer wants to change me from exempt to nonexempt

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My employer wants to change me from exempt to nonexempt

I am currently exempt. Due to my company not
hiring enough people for me to become a
manager, which was the agreement. I was told
I would be becoming nonexempt. I wish to
leave and plan on refusing to change jobs. Do I
have legal recourse?

Asked on December 3, 2017 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have the right to quit/resign and seek other employment: that is your only recourse UNLESS you have a written employment contract for a defined or set period of time (e.g. a one-year contract) and which specified that you would be an exempt employee (or otherwise defined your job in some way you'd like to enforce)--if you do have such a contract, the employer is held to it, and if they violate the contract, you could sue them for "breach of contract" to enforce its terms. But without a contract, you were an employee at will and the employer would have 100% discretion and right to change any and all aspects of your job, no matter what they told you earlier. As an employee at will, you have no say in your job; it is defined by your employer.


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