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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My employer has asked me my thoughts are on a 28.5% salary

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My employer has asked me my thoughts are on a 28.5% salary reduction! At the end of the first quarter they increased my duties than reviewed them with me last week. said I had not met the new goals and were going to reduce my salary. I have worked for them for 2 years holding the same position and salary. I know they can do what ever they want but do I have to accept it or can I refuse and leave the ball in their court? If I do this and my employment is ended will I be able to collect unemployment while looking for a new job?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is a common situation,

wallstreetfighter :

in your situation you should have two options:

wallstreetfighter :

1. You can accept the lower salary and apply for partial unemployment benefits, due to the severe reduction,

wallstreetfighter :

and if they terminate you later you would have no problem obtaining unemployment benefits.

wallstreetfighter :

2. You can advise them that you will not accept the reduction, and if they end up terminating you, or you are considered to be resigning,

wallstreetfighter :

you may have a hard time obtaining benefits, you would have to argue that you quit due to the significant change in circumstances, the added duties with the significant pay reduction, should qualify you for benefits, however every State law is different, and it will be more difficult.

Customer:

I did not realize I could still file with the reduction. How could this effect future employment? that is my biggest concern!

wallstreetfighter :

It may be better to stay on, and apply for a new job,

wallstreetfighter :

in terms of future employment, as long as the current employer does not defame you to other employers, you should be fine,

Customer:

what is defame? They cannot be trusted!

wallstreetfighter :

if they advise other employers you were a bad worker, or quit for no reason,

wallstreetfighter :

if they do this, you can sue them for defamation as well

Customer:

ok. thank you for the information I will take it into consideration.

wallstreetfighter :

Good luck, and if they do cut your pay, I would seek a local employment attorney to review case law in your state, to see if you can obtain full employment benefits if you do quit as a 28.5% reduction is significant and in most States would be good cause to quit a job.

wallstreetfighter :

Good luck, and if satisfied with our service please provide us with positive feedback, thank you

wallstreetfighter :

Thank you

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

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