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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5068
Experience:  Extensive experience representing employees and management
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I work for a High School as an Outreach Consultant. I have

Resolved Question:

I work for a High School as an Outreach Consultant. I have been re-assigned for 2013-2014 school year into a position (Student Store) that pays half of what I am making now. Can I use the Y-rating law to keep my current salary?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

I have a few questions to ask you before I can answer yoru question.

Were you told the reason for your reclassification from outreach consultant to the student store?

Do you know if merit or other considerations were at play?

Finally, are you a member of the teachers union as a permanent employee?
Customer: replied 1 year ago.

District budget cut have resulted in my job being cut. Since I worked in the student store 6 years ago I have bumping rights so they say. Merit has nothing to do with it and I just received my yearly evaluation and it was glowing and has been for the 19 years I've been employed with the district. No I am not a member of the teachers union. I am a member of CSEA (california school employees association).

Expert:  Joseph replied 1 year ago.
Hello Julie,

Yes, if your school district is covered by the Y-rating law then you would be entitled to have your salary frozen at the previous level, since your reassignment was due to a budget shortfall that cut your job.

However, if your change back to the school store involves a reclassification (which is possible, since it does involve a reassignment) then you wouldn't qualify for the Y-rating.

The California School Employees Association is actually a union for all classified school employees, so you would have representation from the CSEA. This is important because you can file for a grievance against your employer and request that you receive a forzen salary for your previous position due to your Y-rating.

This is a signfiicantly easier process than suing the school district for breach of contract to try to enforce your Y-rating.

Also, if you are unable to qualify for the Y-rating protection then you can decide to leave the new position offered to you and received unemployment benefits while you look for a more suitable position.

Since the new position offered to you involves a 50% paycut, it would not be considered suitable and you are within your rights to refuse the reassignment and collect unemployment benefits while looking for a suitable offer of employment.

I hope the above information is helpful.

Please let me know if you have any follow up questions.

If not, please remember to rate my answer positively so I get credit for my work. Please also give me a high rating when you receive your customer satisfaction survey, as it ensures that I can continue to help customers on JustAnswer.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5068
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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