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Recent Demotion questions

I recently accepted a position as a maintenance

I recently accepted a position as a maintenance supervisor...my salary is $41,000 annually...I am an exempt employee...I generally work 55-65 hours per week...I know the regulations are changing Dec. 1ST, and the threshold for paying overtime has risen...as of that date any hours over 40 hours per week must be paid at time and a half...I have inquired as to what the company plans to do in my situation since I work so many hours...the answer I was given is that they aren't going to give me 8-9000 more annually to bring me above the threshold...they have said they probably won't pay the overtime...I have inquired about perhaps taking lesser pay and being paid overtime...my reviews are great and I left a better paying job because this was a dayshift job with better benefits...but I have done and do very little of what I was hired to do and what my job description entails...my manager also told me they might just roll me to a maintenance technician position at $3 less per hour...and hire another maintenance supervisor at less pay and exempt...something seems fundamentally wrong about this...this is a large private company who has had issues in the past of lawsuits where they required workers to put their fear on and take it off and give incoming shifts information off the clock...so I think the die has been cast...what are my rights and is this actionable?

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Marsha411JD

Doctoral Degree

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Was demoted without notice because I might be leaving the

Was demoted without notice because I might be leaving the company to go back to school in a few months.

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Ely

Counselor at Law

Juris Doctor

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62,818 satisfied customers
I was a receptionist company and was fired conflict of

I was a receptionist for a company and was fired for a conflict of interest. All I did was answer phones and make appointments for our service techs. I started dating a person from one of our vendors. I do not sell or make any decisions in the company, so how can this be a conflict of interest on my part.

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ScottyMacEsq

Doctoral Degree

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22,322 satisfied customers
I need clarification of this clause in my current Employee

I need clarification of this clause in my current Employee Agreement, which I signed Oct. 2014. Is the 90 days notice enforceable? What if I give only provide a two-week notice and accept an offer from another company (non-competitive with current employer)? My prospective employer knows I currently work this company (same industry) and requires a copy of my EA before hire. Can I accept new company's offer by end of this week? I am in sales. I live in Dallas county, TX.ARTICLE IITERM OF CONTRACTSection 1. Either party may terminate this Agreement for any reason or for no reason, with or without cause, at any time, upon ninety (90) days written notice to the other party. In the event the Company or the Employee terminates this Agreement by providing the other with ninety (90) days advance written notice in accordance with this Agreement, the Company may decide, at its sole discretion, to pay the Employee for such ninety (90) days period in accordance with this Agreement without requiring the Employee to work during such period. This Agreement may be earlier terminated by the Company immediately and without any prior written notice in the event that (a) the Employee shall at any time fail or refuse to perform Employee's duties in a manner satisfactory to the Company as determined in the Company's sole discretion; (b) Employee's death; or (c) Employee has a disability that prevents Employee from performing the essential functions of Employee's full duties with a reasonable accommodation for a period of ninety (90) consecutive days at any time during the term of this Agreement (those matters listed in this Section 1(a) and (b) shall be referred to herein as for “Cause” termination events).

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ScottyMacEsq

Doctoral Degree

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22,322 satisfied customers
My wife works non-profit school with a very small board,

My wife works for a non-profit school with a very small board, headed by the school's founder. The board consists of 4 members including the founder's daughter and a friend of the founder as well as a former parent. It is clearly not a good board makeup.Over a 20 year period, the board president has loaned herself $250,000 that she repaid but also paid herself well in excess of $1 million despite doing minimal work - all without any vote or oversight from the board. My understanding is that this could be deemed as excess compensation to a disqualified person.Now, the board president has decided to move in to an employee role and has muscled aside my wife and demoted her -- again without anyone else's input. Is this legal. The state is Virginia.

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TJ, Esq.

Juris Doctor (JD)

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10,394 satisfied customers
My wife has worked current company years. A private jr.

My wife has worked for her current company for 22 years. A private jr. college. Last week, her manager informed her that due to the census at the school she was being demoted from 36 to 24 hours her week. She would lose her benefits including vacation, sick time and 401K contributions. At the same time, her company moved an employee from part time to full time, in the same week.Her boss had called her into her office about 6 months ago and told her that the company could not afford her and another co-worker. That unless one of them quit, one of them would be let go. The other employee quit the next day.The duties will not change. She is now expected to get her same duties done in the fewer hours. Overtime is not allowed.My wife has never been late to work, has never taken a sick day in 22 years and has done the duties of both her school and the duties she was asked to take on my at the corporate offices.One final thing. Her boss was unhappy with the duties the corporation was asking my wife to do. She demanded that my wife tell the corporation she had to step down which she did. Then, with the corporate advice, they moved her to part time.

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Patrick, Esq.

Doctoral Degree

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17,124 satisfied customers
I was a Division Vice President of Sales of two markets

Hi,I was a Division Vice President of Sales for one of two markets under one roof. Given high praises, great job conversations throughout the last two years. There was a quick decision last week, to go to one Division Vice President no documentation during a half year review conversation with my Division president . Currently now the sole VP was hired after me, 20 years younger and has less tenor by a year and half. The sole VP assumed responsibility of my staff and I was given a lower title without being asked to assume the role and keep my position, BUT at the same pay. I was told I would mirror the same position as another Division that being a "VP of Business Development and Value Added Team Manager. The company announcement came out today stating my new title of Business Development Manager. I feel demoralized, humiliated and unappreciated. Their are no gold watches in this world in business and I am truly thankful for the job I have, but is this legal, was this handled correctly? I am 51 years of age and have always tried to be fair through my years of management. Thank you for your time.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,632 satisfied customers
If an employee signed a non-solicitation agreement and then

If an employee signed a non-solicitation agreement and then over the course of 11 years was promoted and changed job titles three times without ever signing a new non-solicitation or non-compete can the original non-solicitation be used to bring a lawsuit against them after they leave the company and their new employer hires 2 people who worked with them at the old employer before the term of the non-solicitation is over? The old employer is based in Massachussetts although all of the jobs are based in NJ. The old company has sent a cease and desist on hiring the other employees- will they have to be fired based on the 2005 non-solicitation.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,632 satisfied customers
What if the demotion is being done as part of retaliation

What if the demotion is being done as part of retaliation because of a previous complaint of harassment and discrimination? What if the promotion had already been promised to you and announced in front of peers and 90% of what I've currently been doing with excellent reviews was given to a white person?

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Infolawyer

Attorney

Juris Doctor.

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36,948 satisfied customers
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