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MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6133
Experience:  Experienced attorney representing companies and individuals in employment law matters and litigation
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I feel that I am being unfairly singled out at work. I have

Customer Question

I feel that I am being unfairly singled out at work. I have been working for a company as a Customer Service Rep. for years for which all the "CSR's" are paid a salary and were given an incentive reward based on the total sales for the month. In March, of this year, we lost our accounts receivable person and in June, my management asked me to move into that position. I said I would, as long as I did not get a pay cut and that I didn't have to also work as a "CSR". They said that I had to keep some accounts and I said I would try. It has been working ok and I have been receiving the incentive, until this month when I was recently told that I would no longer receive the incentive but that I had to still work as a "CSR". In performing the duties of a "CSR" I have to do the same work and have the same responsibilities as all the other "CSR's". Is the legal and do I have any recourse? Thank you very much.
Submitted: 7 years ago.
Category: Employment Law
Expert:  MDLaw replied 7 years ago.
Do you have an employment contract with your employer?
Customer: replied 7 years ago.

No I do not,

Expert:  MDLaw replied 7 years ago.
If you do not have an employment contract, then it is perfectly legal for them to set the terms of your employment job duties. They are not required to give you any particular job title or job duties. The only thing that they cannot do is violate the Fair Labor Standards Act which has to do with nonexempt employees and overtime pay, primarily.
Customer: replied 7 years ago.
I'm sorry, this answer has not helped me. I will contact th EEOC to see what they say. If I get the same type answer, then I will come back to this site. Thanks.Customer
Expert:  MDLaw replied 7 years ago.
They will give you the same answer. The EEOC exists to handle discrimination cases. Discrimination under the law means that you are being treated differently based on your age, race, gender, national origin, religion, or disability. Nothing in your question mentioned any type of discrimination. Therefore, the EEOC will not be of any help to you. You have the right to file a complaint but it has to be based on discrimination which you do not have.

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