Pay/salary issues with non-profit agency.

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Pay/salary issues with non-profit agency.

Hi, hope you can help with this matter! I work at a non-profit agency and I have been there for a year and a half and have not yet had a review for pay raise. (Note; company has gone through some institutional misconduct issues) Nevertheless, I believe I should a got cost of living raise. (Salary wages)Now the agency has stated that if I/we want a raise we would have to carry a case load of 10 families or individuals (clinician) and that we would have to document 128 units per week to get and keep the pay raise (units are how we get paid by the insurance companies, 1 unit=15 min). However, if I/we do not maintain 128 units per week consistently they will demote us sort-a-speak from salary to fee-for service (fee-for service-if the client/s don’t meet with the clinician they don’t get paid. Is it legal for them to force this on us in order to get a pay raise? And is it legal for them to change from salary to fee for service.

Asked on June 24, 2009 under Employment Labor Law, Massachusetts

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unless you have a contract, or an employee handbook that talks about this in a way that is contractually binding on your employer (which is very rare), you are an at-will employee.  This means that you can be fired, or demoted, or have your pay reduced, for no reason at all.  This also applies to changing the compensation from salary to per-unit.  The only exceptions to this are where there are illegal reasons for the company's action, such as racial discrimination or retaliation for filing a workers compensation claim;  there are others beside these two examples but they are all similar in seriousness.

There's nothing in your question that suggests that anything like this is going on, especially since it looks like they are treating you and all your co-workers the same way.  But if there are any facts you haven't mentioned, that you think might point to an illegal motive for this, please have a lawyer in your area review all of the facts, for advice you can rely on.  One place to find a qualified attorney is our website, http://attorneypages.com


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