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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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My employer has given me the option to either take a cut in

Customer Question

my employer has given me the option to either take a cut in pay or quit is this legal and if not what can I do to save my job
Submitted: 11 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, the general rule in the state of Nevada is that employment is "at will" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination/modification is fair, reasonable or even true. Regrettably this means that if you are an at-will employee your employer can require you to take a paycut or quit. Your only recourse is to attempt to negotiate something better if you can.

If the lower pay is not acceptable to you, then you can certainly quit. If your pay is being reduced by at least 30%, there is a good chance that you will still be eligible for unemployment benefits, even though unemployment benefits are typically only available to employees who are terminated or laid off. But since there is a chance that you will be denied unemployment benefits if you quit, as is always a possibility when quitting, the better course of action is usually to accept the paycut and immediately begin looking for another job, quitting only once you've secured an offer somewhere else. This ensures that there will be no gap in your resume and also that you will not find yourself unemployed and denied unemployment benefits with no way to support yourself.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Expert:  Patrick, Esq. replied 11 months ago.

Was I able to address your concerns here?