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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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In the state of California, is there a max to the amount of

Customer Question

In the state of California, is there a max to the amount of a pay cut you can be offered to take? I was making 5300 a month salary and have been offered 12 an hour plus commission or 14 an hour. Two different positions... sorry this is worded horribly but I am shaking right now ugh!
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Please try to take a deep breath and tell me the following if you can:

Do you have any reason to believe you are being discriminated against on the basis of your race, age (40 or older), gender, disability, or something else?

What is the employer's stated reason for "offering" the reduction in pay?

Do you have an employment contract?

Do you work for a private company or government employer?

Customer: replied 5 years ago.
Thank Tina... deep breathing!!

I work for a small (27 or so employees) family owned business. The owners recently took control of the company back from their daughter and her termination followed at the beginning of the year. I am not privy to the why or what happened info. I suspect it was all money related however.

Due to the daughter having access to everything, the owners decided to change everythng ie: payroll companies, locks, bank accounts. When changing payroll companies the internal bookkeeper, my direct supervisors sister (not related to the owners though) had to get copies of last pay-stubs to pass along to the new company. At that time, my direct supervisor found out what I was making from her sister. My work environment has not been the same since that day. She has been very passive agressive and slowly all of my responsibilities were dissolved in the last three weeks. So would that be considered harassment or discrimination?

The owner said the offer is because they do not want to loose me as an employee, that the pay reduction has nothing to do with performance... just finances at this time.

No contract....

So what do you think??
Expert:  Tina replied 5 years ago.
Thank you for the additional information.

It does not appear you have any legal recourse against the employer unfortunately. I am very sorry to be the bearer of bad news, but since you have no contract and discrimination does not appear to be involved, the employment at will doctrine would permit the employer to change the terms of your employment at any time, or even terminate you altogether without notice.

The bright side is that since the employer's "offer" of a significantly lower wage is not based on any wrongdoing by you, you would normally be entitled to collect unemployment benefits if you refuse the offer and quit.

However, there does not appear to be any basis for seeking compensation for damages against the employer as the law does not protect against this type of conflict and either the employer or employee can terminate the relationship at any time without recourse.

I'm sorry.

I hope you found my answer helpful, even if the law is not in your favor; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Tina and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Tina-

Thank you so much for your answer. I have found you to be very helpful. I hope you have a wonderful weekend and take care.
Expert:  Tina replied 5 years ago.
You are very welcome and all the best to you.

I hope you are able to have a wonderful weekend as well!

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