Situation: I have a supervisor that has problems. Some are real others are perceived by those that the supervisor oversees. After an exhaustive investigation it has been established that the supervisor is simply beyond their abilities. For the good of the organization and the supervisor we want to remove the supervisor from their current rank and place the supervisor in the next lower rank. We want to handle this situation as a remedial action with a performance plan for one year. This will not be a disciplinary action.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
So here is my question. Management may demote an employee (reassign, move or any expression that may fit) as the organization sees a need. I remember reading somewhere that if a reassignment, demotion, reduction in authority ETC. is a business move and not a disciplinary action, the company cannot reduce the employee’s salary. That is fine; we do not want to reduce the employee’s pay. Is there a FLSA or other employment law statute that any of you know of that would support this? I need something fairly concrete to present with my intentions.