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Recent Pay Cut questions

I have a hearing impairment and was granted Reasonable

I have a hearing impairment and was granted Reasonable Accommodations at my job for 2.5 yrs. My job is working in administration as a RN Team Lead of Orthopedic Surgery at Duke Univ Health Systems. After a reduction of Staff in our Operating Room, it was decided that Team Leads would be doing "more" staffing. Since I was exempted due to my Reasonable Accommodations (in writing) I was asked to undergo an Audiology Exam and apply for the Accommodations I already had. That showed the obvious "life limiting hearing impairment" and instructed to "return to work, acceptable for limited employment in this position" (Supervisor to review ADA policy). Quote from the examining physician. After 2 months of me returning to work, I was told that they could not allow me to continue in my TL position and offered a stepdown job with a $15K/yr pay cut. I file a complaint/grievance with Duke and their conclusion was no discrimination. I received a Certificate as a Legal Nurse Consultant, studied ADA law and went to the Raleigh, NC office of the EEOC and filed a complaint. After meeting with me on 2 occasions, a fact finding conference was called and Duke showed up with 6 attys and 5 witnesses. Duke had established that staffing was a part of the job description and an "essential function" of the position as well as "direct patient care" for which there is no legal definition and is not part of the NC Board of Nursing Roles and Responsibilities of a RN. The EEOC issued me a Right to Sue letter and I'm working with an attorney. What I would like to know is can I appeal the Raleigh EEOC decision to another regional office for review. The fact finding session was filled with Medical jargon that was way over the Investigator's training to understand, and we desperately needed someone to assist in their review of all the findings so they could understand the case better and they would have jumped on Duke. You can't elevate a Marginal job responsibility to the level of Essential after two years of excellent reviews of the work done under established accommodations. Thanks for your advice.

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Infolawyer

Attorney

Juris Doctor.

37,638 satisfied customers
I was placed to work for a health care facility "contract to

I was placed to work for a health care facility "contract to hire" via a temporary firm. When I was brought on by the facility as a permanent employee their offer was $11,000/year less than what I was making as a contract to hire. Never was there ever mention through the temp that my wages would decrease when/if I was made a permanent employee. I left a stable position thinking I was making a move to a better company. I feel completely mislead by the recruiter. Now I have a very large pay cut. Do I have any claim against the temp company?

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Marsha411JD

Doctoral Degree

18,962 satisfied customers
Not sure if I have anything or not. I am the Safety Director

Not sure if I have anything or not. I am the Safety Director for a company that has four divisions. The division i mainly cover for has parked the trucks and is no longer operating. I was asked to stay on for sixty days to help close down operations. Now I find out it is to train my replacement. Although I worked mainly for the trucking operation I still performed new hire orientations, Safeland training, drug & alcohol screening, accident investigation, and occasionally conducted monthly safety meetings for the division that is remaining operational. The person taking my place has none of the certifications needed to replace me. The company has already paid for him to become a drug screen collector and next week he will go learn to be a Safeland instructor. I am 58 years of age and this person is much younger.JA: What state is this in? And how old is the truck?Customer: Oklahoma, there are many trucks, a fleet of 60 when they shut down operations.JA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: I feel my employer will say age was not a factor it was a money decision, however I would have take another pay cut if they would have asked.JA: When we are ready I'll take you to the appropriate web page.Customer: ok

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
Can a employer cut pay in a certain section, although they

can a employer cut pay in a certain section, although they are doing the same or equal work as other employees. this was under the pretense that other sections were going to have a pay cut also. Its been 2 1/2 years and no other sections have taken a pay reduction. this company is massive and has factories all over the world and thousands of employees and this pay cut affected 39 employees, so it was not about the money.

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Samuel II

Attorney

Doctoral Degree

31,958 satisfied customers
I accepted a sales job and signed an agreement that the pay

I accepted a sales job and signed an agreement that the pay would be $30000/yr plus 12% commission. After only 3 months, they told me they were changing the pay structure and taking away the $30000 salary with no change in commission percentage. They wanted me to sign a new agreement to tha effect. Can an employer change a pay agreement with only 10 days notice? Or do I have to just agree to taking a huge pay cut?

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Phillips Esq.

Attorney

Juris Doctor

18,342 satisfied customers
I have been working in Human Resources for a Medical

I have been working in Human Resources for a Medical Facility in DC for over four years. In October of 2015, the company hired an Assistant Vice President of Human Resources, who in her first two months, got rid of two employees, stating to the rest of the staff that they would not have been able to cope with her future strategic plan. That same AVP was investigated for other remarks that were deemed racial, but was allowed to stay on after making apologies to staff and attending an "Unconscious Bias" class the all managers and HR had to attend.My role in HR was a credentialing and Compliance Specialist and my main responsibility was to verify and manage the credentials of all clinicians. In March of 2016 the AVP mentioned to me that she was getting a new data base that would be able to verify the credentials automatically. She stated to me then, that the coming of this new data base did not mean that I would lose my job. In April, I was told by the AVP to stop using my old credentialing data base and download its content to a spreadsheet and give it to the Business Analyst who would now manage the compliance piece of credentialing, which was then half of my duties and responsibilities. Previously, I was also told to give up another duty, the management of the network's learning system because it seems that that task would be more suited for Business Analyst. Now that half for my job responsibility was gone, the AVP told me that I would now be the auditor of personnel files. So I should start reorganizing all the personnel folders.About three weeks ago, the Recruitment Associate announced that she was leaving. The AVP called me into her office and told me that I can now do the Recruitment Associates job together with the Credentialing piece or I can take a 2 week severance and leave. The Recruitment on-boarding duties entailed the preparation of new hire files, ensuring that all newly hired employees were scheduled for pre-employment physicals, that all required credentials were verified and that their orientation information was communicated to them. However, I was told that my rate of pay would be cut by about $7000 yearly. The reason given by the AVP was that she would not be able to justify the amount of money I currently made with my new responsibilities. (My rate of pay was then $31.69). The new decreased rate will be evident in October after the yearly evaluation. I decided to take on the new job despite the pending pay cut. I was also told at that time that they were adding a new position "HR Specialist". I asked why I could not apply for this new position. She told me that she did not think that I would be able to grasp these new concepts quickly. (This was one of the statements that she made about the first two ladies that were laid off the first two months of her tenure). I was very disheartened by that statement which was meant to devalue my four years of conscientious hard work. It made my job very stressful at this point. I had to start thinking about adjusting my lifestyle to live off less income and find a way to still pay my monthly bills.Two weeks ago I began my new duties as the On-boarding and Credentialing Specialist reporting now to the Recruitment Manager. The AVP called me into the office of one of our HR Business Partners at about 2:30 pm on Tuesday August 9, 2016. She started off by apologizing for handing my situation in that manner and that she thought by having me do the new on-boarding tasks was setting up for failure, and that she has decided to eliminate my position. She mentioned that I did not have to come back to work after that Tuesday. She said that it was a Reduction in force and that I would be paid until the 23rd of the month and the 10 week severance would kick in after 08/23/16 when they have received my signature. However, the same position was posted on Indeed the Friday of that same week. Is that lawful?I felt that I was kicked around and my duties manipulated so that I could be forced out. I have tried to outline the situation from start to finish as best as I can remember and I hope that it would help with your answer. The severance packet mentioned that by signing I would not be able to sue for discrimination etc. Hoping to hear from you as to whether I have a case or not. Thanks for your time.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
I was demoted for poor job performance on a job I was not

I was demoted for poor job performance on a job I was not trained for. My employer is an at will employer. I told my supervisor on several occasions I wasn't trained and was ignored. If I sign the new agreement to work in a lower position at a lower pay rate do I still have grounds to pursue a lawsuit?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Have you talked to a lawyer yet?Customer: No this just happened yesterdayJA: Anything else you think the lawyer should know?Customer: Not that I can think of right now

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John

Attorney

Doctoral Degree

7,562 satisfied customers
I work in the oil and gas industry. Last Sept (2015), the

I work in the oil and gas industry. Last Sept (2015), the whole company (7 people) including the owners, took a 20% pay cut and reduced to 4 day week because of the industry slump. The 3 owners have reveieved distributions following sales of properties. I am not an owner. As of last week, the other staff members were restored to their 100% wages and 5 day work week. I have worked many 5 day weeks but was told to note the worked off days and take them off later in the year. I'm told I'm not the only one not being restored because the 3 owners are still at 80%. But again, they receive distributions throughout the year that I am not a part of. Is their treatment of my wages fair and legal?

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John

Attorney

Doctoral Degree

7,562 satisfied customers
I was fired 60 days after returning to work from FMLA. I

I was fired 60 days after returning to work from FMLA. I returned to work, but did not have a full workload. They told me that I could not work from home on my scheduled day because I did not have enough work and I can't book admin or available time from home. 3 weeks after I returned to work, I was given a PIP. The PIP stated that there were previous conversations regarding performance and attendance back in Dec 2015, Feb 2016 and June 2016. They also stated that I had been requested by HR to complete the necessary documents for a background check because they never did it when I was hired, even though I had already been on the job for over a year and was not trying to promote. I told them I didn't think they could legally make me submit to a background check after the fact. Needless to say, a condition of my corrective action was to allow them to run a background check.I had my annual review on 7/21. I filled out my self evaluation and was very blunt that I was unhappy because I had not been given any additional training to move ahead, though my other co-workers had. I said that I was disappointed because the opportunities that were promised to me never happened. I took a $5 pay cut because I knew what my skills were and that if given the time and training, I would be able to advance. I also submitted my engagement evaluations to my clients that I had been servicing for over a year. All five were excellent; exceeds expectations and meets expectations. However they said that the client I had just taken over 3 weeks prior for a coworker who went on maternity said they gave me a bad review, though I never submitted an evaluation to that client since I had only had them for 3 weeks. That was there reason for letting me go. I also was chatting on our messenger with a coworker telling her that she did not qualify for being exempt and that she should say something. We found out later that our network messages were read by the VP, though I dont know if she read ours. Unlike other employees who have left the company, my toggle time tracking access was cut immediately, keeping me from comparing my timesheets to my paycheck and my employee file was deleted from the server. My aunt is an employment attorney said it sounds like they retaliated against me for taking FMLA and for possibly not wanting to agree to the background check.

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Patrick, Esq.

Doctoral Degree

17,842 satisfied customers
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