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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11783
Experience:  JD, MBA
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I'm an 'at will' employee. I have been demoted with a pay

Customer Question

I'm an 'at will' employee. I have been demoted with a pay cut. My employer is claiming 'performance issues' but has never brought any performance issues to my attention or allowed me the opportunity to discuss or correct. do I have any rights in this situation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Unfortunately, as an at will employee, the employer has the right to do what it did in this situation, just as you have the right to refuse to work for less pay. I'm sorry to say that the employer has no legal obligation to bring performance issues to your attention or give you an opportunity to discuss or correct them. The fact that you are an at will employee means that the employer could have demoted you and decreased your wages for no reason at all.

Accordingly, any recourse you have would be through your employer's own HR department.

I am truly sorry that my answer is bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.