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Question

I have been on my job as an Investigative/Assessment/Treatment since 5/04. Was completing (5/05) my M.S.W. Had a lot of personal things going on (deaths, sicknesses, etc)affected my job performance. At Social Services 13 yrs 9 mo. (since 1/96). Success in past positions. Recently demoted 10/21/09 Social Worker III to a SW II position. Pay cut $47838 to $41,777. Pay scale - Social Worker. SWII pay included cost of living raises and merit raises since employed. Feel deserve more money based # yrs at job with good success SW I SW II SW III SW-INVESTIGATIVE/ASSESSMENT/TREATMENT Pay Grade 63 PG 67 PG 69 PG 70 Min.$30,805 $37,025 $40,524 $42,399 Mid $40,817 $49,085 $53,695 $56,179 Max $50,828 $61,091 $66,865 $69,658 Asked when I felt successful. Response: First 2years of pursuing MSW which was before beginning SWIII-Inv/Assmt/Trmt. Statement reworded by Asst Dir when I was in lower PG positions. Do I have grounds for Appeal?

Submitted: 18 days and 22 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: North Carolina

Already Tried:
Nothing I have 15 days to appeal. The legal wording is confusing I have 2 more days until my deadline.

Posted by DCrane 18 days and 22 hours ago.

Info Request

thank you for the post, to ensure that I understand your position, what would be the basis of your appeal?

18 days and 22 hours ago.

Reply

I feel that I was unfairly targeted.I know that it is not my business what other workers are doing,but because I am not argumentative I feel that they targeted me. I have been at my job as a loyal worker for a lot of years and feel that my pay should still reflect the number of years that I have been employed there. I was going through a bad time and gave a rebuttal but they did not accept it. I am not saying that I would continue to keep my former pay, but the pay they agreed on is the midpoint salary for a SW I. Am I being unreasonable. This is a $6600 pay cut.

Accepted Answer

While you are not being unreasonable in desiring more compensation, you do not have a legal right to the additional compensation. As you stated, you were demoted for performance reasons and so long as your compensation falls within the range for those within your designation, it would be difficult for you to establish a legal basis for additional compensation.

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 11/4/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

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