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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17464
Experience:  B.A.; M.B.A.; J.D.
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I have an Asst. police chief, who was caught borrowing funds

Customer Question

I have an Asst. police chief, who was caught borrowing funds from an account, that is not my question. He was demoted to SGT. over the years he has been transferred to another agencies as a employee of this department . He has now decided (own his own) he wants to be transferred back to the department.
He earns about $20.00 per hour, he has the rank of Capt. and if he were to come back to the department it would up set the rank structer. He would be a CAPT. supervision 2- LT. who supervisor 4 Corp. and 4 Pfc.
1--I have been told that we can not cut his hourly pay rate because it would up set his personel financles at home. what does the FLSA say?????
2--It is to late to reduce his rank. ??????
The powers to be feel sorry for this individual and did not want to fire him.
3-- the person that is to take his place is his place at the other agency is disabled in one eye. and has a pay rate of
about $15.00 per hour.
4-- I have no place to use him with out busting the budget and up setting the officers already on the shift. and I lose a corp to the agency.
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Can I terminate his employment?
Can I reduce his rate to what the Corp. was making?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

Whether you can terminate him or reduce his pay would depend on your policy for this sort of thing. If you have the power to do so, then it is at your sole discretion to determine which course of action to take, whether to terminate him or keep him and reduce his pay. FLSA will not be violated as long as he is making minimum wage and he is paid for time worked and hour and half for any overtime hours. For more information, click on the link below:

http://www.dol.gov/whd/flsa/

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