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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118192
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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About work issues, I work in NH but the company is our of

Customer Question

about work issues
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I work in NH but the company is our of Oregon Out of nopt our
JA: Has anything been filed or reported?
Customer: not yet, waiting response from area director
JA: Anything else you want the lawyer to know before I connect you?
Customer: not sure what else they would need
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is the situation and your question?
Customer: replied 8 months ago.
I work for Holiday Retirement in one of their Senior retirement communities in NH. I was hired as a Co-Manager with my husband 2/16 to work in a western Mass community. The company has made many changes since being hired. One being that the 2 couple management team ( which the best part of these positions is to live and work on site) has been split so instead of 4 managers we are now 3 a General Manager (GM), Assistant General manager and an Office Manager (OM). In July 2016 I was assigned Assistant General Manager (AGM), then was transferred to a NH community as the OM in October 2016 with a pay decrease of 3.00 an hr. We were not given anything from HR to sign as an agreement of the changes. Now they are moving us off site and coming in this week to talk about pay compensation. As the OM I am now understanding that I am not part of the pay compensation because OMs are not needed to live on site but I have been. Is this something I can fight for more pay ???
Customer: replied 8 months ago.
I have sent an email to my Area Director that is coming in on Thursday to talk to the GM and AGM about their new wages but no me, I asked in the email when he is meeting with me. He has not responded.
Expert:  Law Educator, Esq. replied 8 months ago.
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Thank you for your reply.

Do you have a written contract guaranteeing pay for a specified term or are you an at will employee?
Customer: replied 8 months ago.
All I have is the original paperwork when we were hired in 2/16 that has us living on site. I am attaching 2 pay stubs to show that are still charging me for meals and living in an apartment
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

I am afraid the paystubs are not helpful to you. I asked if you were an at will employee or you had a contract for a specified period of time guaranteeing you a position and pay because unless you have that contractual agreement, you are an at will employee. An at will employee is one that the employer has the right to change duties, assignments, titles, hire or fire, promote or demote at the will of the employer. The employer can also set the salary and can change the wage with notice to the employee and the employee does not have any legal recourse against the employer for doing so.

The only times an employee has recourse against an employer for moving them or changing pay is if the employee has a written contract guaranteeing terms of employment OR if the only reason for the employer treating the employee the way they are treating them is based solely on the age/race/sex/disability/national origin of the employee. If the employer is treating you this way only based on age/race/sex/disability/national origin, then you need to file a complaint with the EEOC for investigation. Other than that, I am afraid as an at will employee the employer does get to make these decisions and calls and all you have a right to do is try to negotiate with the employer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 8 months ago.
thank you :(
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply.

I understand it is disappointing, but that is what at will employment in this country allows for and it puts the employer in control of directing employment and how it is carried out. Unless you are in a union these days the employee does not have many rights in employment.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.