involuntary wage reduction

Ilse

we are a AZ based employer. one of our managers hired a supervisor in training with a 60 day probationary period. 60 days are up and employee had performance evaluation letting her know that she is not living up to expectations. manager just hired another supervisor in training with the intention of changing first supervisor in training over to a customer service representative with a wage reduction. is this legal?

Down_the_Middle

Assuming everything is at face value--------there doesn't sound like any illegality to me. The employee who may be tansferred with a salary reduction can certainly accept or reject that offer and may end up leaving the organization. Assuming there's no contractual agreement with the first supervisor, no evidence of discriminatory action etc......., I don't see a problem. The documentation of the 60 day initial eval period presumably drives the decision to not retain the person in that capacity.

Jane Reddin AZ

Greetings!
In Arizona this is perfectly acceptable, as long as the communication to the employee about the wage reduction occurs in advance of the work to be performed at the reduced wage, and assuming there is no contractual obligation to the contrary.
As a side note, however, I would caution you against using "probationary periods" - they imply that once the time period is up, the employee is considered "permanent" - or no longer "at will" - which could suggest a contractual obligation for continued employment. You may want to make it clear with this employee (and all others) that even though the 60 days has elapsed, they remain on "at will" status.

Jane Reddin
Lewis and Roca Lawyers LLP
Phoenix