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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12250
Experience:  JD, MBA
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I would like your opinion on a recent work related event.

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I would like your opinion on a recent work related event. Three other employees and myself held the same position and title. We shared the same duties and responsibilities and have had similar performance reviews. It was a nonexempt position. We have all been reclassified to another nonexempt position, however, I was the only one given a pay reduction. I am a twenty year veteran and over sixty-five. I can't help but feel this is discriminatory and met to encourage me to leave the company. Any observations and advice will be appreciated.

Thank you, XXXXX
Hello and thank you for allowing me the opportunity to assist you.

As a general rule, unless you have an employment contract, then your employer may alter the terms of your employment at any time and for almost any reason. There some reasons that would not be lawful. One such example is your age. Your employer cannot reduce your pay if the reason is based upon your age (i.e., being over 40 years old). For example, if your employer wants to try to encourage you to quit because your employer doesn't like that you're 65+, then that is considered to be illegal discrimination.

Generally speaking, the first step in dealing with illegal discrimination is to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating illegal discrimination in the workplace. Once the EEOC investigates, it could agree that illegal discrimination took place, and attempt to work out a settlement with the employer. If the EEOC cannot work out a settlement, or if the EEOC does not find that there was illegal discrimination, then a person can request a right to sue letter, which gives her the right to sue her employer for violating the law. The EEOC’s website, located HERE, explains how to file a charge. It is also important to note that it is illegal to retaliate against you for filing the EEOC charge. So, if you experience any adverse reactions after filing the EEOC charge, then you should report that to the EEOC as well.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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