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We are needing to layoff a few employees because of lowered

Customer Question
sales. One of the managers...
We are needing to layoff a few employees because of lowered sales. One of the managers we want to layoff or give him the option of reducing his pay by 40%. He is the only one that we are reducing in pay and the others are not being given the option of a layoff or reduction. Would he have a valid claim for discrimination if he is the only one to have their pay reduced?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Penn
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time.
Submitted: 1 year ago.Category: Employment Law
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11/2/2016
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
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Satisfied Customers: 13,082
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Customer reply replied 1 year ago
Thank you.
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

"Discrimination" simply describes the act of treating similarly situated people differently. However, what most non-attorneys don't understand is that the vast majority of "discrimination" is perfectly legal. Discrimination is only against the law when it is MOTIVATED by a legally protected trait, such as race, religion or disability. Example, it would be illegal if this employee could prove that his pay was being reduced because he is African American. However, absent some showing that the employer's motivation is a legally protected trait (and it is the employee's burden to prove this motivation) discrimination is not illegal. What you have described does not suggest any unlawful discrimination and so the paycut would not violate any law or typically create any legal exposure.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

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