Employment Law

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I currently work for Lowes Home Improvement I have been with…

Customer Question
I currently work for...

I currently work for Lowes Home Improvement I have been with the company 14 1/2 years. in Jan.2017 I was demoted from Dept Manager to csa 5 due to the restructure of the company. I have till Jan. 26 2018 to find another position in store. I was told that I would be started as if I were a new hire and lose all my seniority and as well as I would lose all vacation time built up. I was also told I would drop to between $9.00 -$10.00 currently I make $18.62 an hour

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing at this time

Submitted: 10 months ago.Category: Employment Law
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Answered in 1 minute by:
9/30/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 10 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,566
Experience: Significant experience in all areas of employment law.
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Good evening and welcome. I am very sorry to hear about this demotion. Are you asking if it is illegal? What specifically is your question? I very much look forward to helping you on this matter.

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Customer reply replied 10 months ago
I want to know if they can cut my pay that much and lose all my seniority as well as my vacation time
Customer reply replied 10 months ago
I would prefer to type
Employment Lawyer: Patrick, Esq., Lawyer replied 10 months ago

Thank you.

Unfortunately, the general rule in Oklahoma is that employment is "at will" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination or modification in the terms of employment is fair, reasonable or even true.

This means that your employer could cut your pay as drastically as you describe. You are free to resign instead of accepting the lower rate of pay, but you cannot force your employer to employ you on the terms you prefer, even if those terms are reasonable and deserved.

In regard to the vacation time, employers are not legally required to offer any vacation time at all and so employers have vast discretion when it comes to how that time is used, given or taken away. An employer will generally be bound by the terms of any contract or policies with regard to vacation time, but in the absence of a contract or policy which prohibits them from revoking earned time, doing so is probably not against the law.

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.

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Employment Lawyer: Patrick, Esq., Lawyer replied 10 months ago

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