Opinion needed: Salary reduction of only one employee (Female/over40/hispanic)
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So, like other postings, our company is reducing the pay of the salaried employees by 10%. There is a new hire that we brought on last year, who was highly compensated, but needed. She had her rate reduced the 10% like the others, however now the bosses want to cut her salary, and only hers to be like everyone elses. This to me is an EEOC violation and truly not fair. Is there other laws that are being broken that I can't think of?
Comments
It's only an EEOC violation if an investigator or a jury believes the company did it BECAUSE of her sex. Sadly, "proving" this is much easier than determining the truth of the matter. Juries never believe in coincidences.
On another note, if she left a job to take the job with your company or had to relocate or suffer other loss, she could have recourse for any reduction in pay that is not uniform or performance related.
[quote user="6433003"]Have you looked at experience, education, responsibilities and duties. If they really are equal to everyone else there should be no reason you cannot make the pay the same. Otherwise this would be harder to justify.[/quote]
I don't really think it's that clear cut with the information we have. If I quit a job to go work for you based on a certain deal we make, and you change the deal after I've quit, there are going to be some hard feelings. Determining whether there's liability will require a good hard look at case law, which should be done by an attorney.