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Thank you. My husband accrued PTO and hit the ceiling with the amount he could accrue. He found out yesterday that he was demoted, but has not signed the paperwork accepting it yet. He put in for the PTO prior to signing the new contact. My question: Will he receive his PTO at the rate in which he accrued it or will it be at the demotion rate?

Lawyer's Assistant: Has your husband discussed the demotion with a manager or HR? Or with a lawyer?

No, he has to meet on Monday morning to do so. It is $2.23 lower per hour than he received before (he does know this). They told him at the end of shift yesterday (Friday) so no time for a lawyer consult.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

It was a salaried job based on 19.23 per hour (40 hours a week). And at will

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

He applied for his PTO prior to signing the new contract, and it was accepted.

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Answered in 16 minutes by:
4/21/2018
Eric. Y., Esq.
Category: Employment Law
Satisfied Customers: 645
Experience: General Counsel at UniversalMed Supply
Verified

Hello, my name is ***** ***** I am an Attorney. I am here to assist you. What state do you reside in?

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Customer reply replied 3 months ago
Washington State

Thank you. Please give me a moment to review your facts and respond.

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Customer reply replied 3 months ago
Nice to meet you Eric
Customer reply replied 3 months ago
Thank you.

Pursuant to Washington State Wage & Hour law, employers must provide employees using paid sick leave/pto with their “normal hourly compensation”. So the question becomes, what is the "normal hourly rate" for an employee whose pay has been reduced. While the employee has accrued pto during his prior rate of pay, the State of Washington merely requires that the employer pay the employee at the rate of pay that the employee would have received had he worked instead of using the pto. WAC 296-128-600 (10). Thus, he will get paid at the current hourly rate, not the rate at the time at which the pto was accrued. This could be overriden by an Employee Handbook, which may sometimes be construed as a contract in some instances. Therefore, I would review that document to see if the employees have been promised more pay than the current state law.

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I hope this answered your question. If so, I ask that you please kindly rate my response from 3-5 stars. Thank you.

Eric. Y., Esq.
Category: Employment Law
Satisfied Customers: 645
Experience: General Counsel at UniversalMed Supply
Verified
Eric. Y., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you. This is very helpful.
Customer reply replied 3 months ago
Is this true even if he has not signed the contract yet for the new position?

That poses a twist. Please read the contract closely. Make sure there are no clauses that say that the demotion was effective upon receipt of notice of the position. If the new rate is not effective until he agrees with the demotion, then he is currently still under the old rate, meaning on Monday he will be at work at the prior rate of pay. What are the consequences of not signing. That should be in the contract as well or at least communicated to the employee.

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