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I have recently been informed that effective October 1, 2009 my salary will be cut by almost 50%. They have rewritten my current job description and are giving 2/3 of my role to a younger person who makes less money than I do. I am the only person in the office who this is happening to. I am over 60 years old, have been with the company for over 20 years and had stellar performance revviews. This just does not sound legally right to me. I am very depressed about this situation. Please send me some suggestions. Thank you.
Hello -Thank you for contacting JustAnswer.Unfortunately, there is not a whole lot that you can do. This is the regular course of events for companies across the nation who are trying to save money. You are obviously experienced and have a higher pay grade. The company hires someone younger who they can pay less, therefore saving them money. It is a typical situation that happens all the time. If you had a contract, however, stating you were to work for a certain period of time for certain salary, you would be able to sue for breach of contract if they tried to drop your pay during that period.Your only other chance to fight this would be to claim discrimination based on your age. If you brought suit against the company for this, you woudl have to prove that the only reason you were fired is because the company thought you were too old. From your explanation of the events that have unfolded, this doesn't sound very plausible. It sounds like the company is simply trying to cut back and save money. I'm sorry if this isn't what you wanted to hear. I am just attempting to give objective information based on the facts presented. I hope everything works out.If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.Regards,Michael
I don't quite understand your answer. I am the only person in my office this age. I have done this job for 21 years. Is this considered a "firing" and if it is, it would certainly be discrimination because of my age.
Thanks for your response.I'm sorry that I was not clear. What I meant to convey was that IF this had been a firing, you would have the option of filing a discrimination claim. As of now, this is not considered a firing and your only remedy would be based on breach of contract if you had a written contract. If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.Regards,Michael
I am sorry-this does not sound correct to me. Are the laws different in each state. I will accept when I totally understand. My question is this-Are you telling me that an employer can cut back an over 60 person's pay to give it to a younger person and a person does not have any recourse even if she is the only person in the office that this is happening to? Is this the law in every state?
Hello -1. Yes, discrimination laws are the same in every state.2. I am telling you that your employer can do what they did, absent a contract, without any legal ramifications, unless you believe it was based solely on your age. If you believe it had nothing to do with cutting back costs (you are more experienced so are obviously in a higher salary bracket), you should speak to an attorney about the procedure for filing for age discrimination. You would need to prove that the only reason your pay is being dropped is because of your age. The company's argument would be that they are trying to cut back costs, and they cut your pay because you have the most experienced and are paid a higher salary than the less experienced person would be paid. Do you understand now? What I'm saying is that I think the company has a good argument for it not being discrimination. That shoud not stop you from hiring an attorney and filing an age discrimination suit if you believe the company's decision was based solely on your age. Remember, the situation is not as clear to me as it is to you, as I only have the facts that you present to me. I am just trying to give objective information on the facts presented. Good luck!If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.Regards,Michael