Originally Posted by
SlurpeeD
Can an employee who is on a salary payroll be moved to an hourly wage without prior notice? My mother was diagnosed with cancer and she has been out of work for about a week or so. She was told this week that she was moved to an hourly wage and that if she doesn't make the required amount of hours to be considered over time that she would lose her medical benefits. Is this allowed?
Usually, yes. Any employee not under contract is considered "at will". This means the employer can change the terms of the relationship at any time without notice.
However, having said this, she may have a claim for discrimination based on disability. Family leave laws apply if she has to undergo a long term absence.
One radio station I worked at moved me from a managerial position, which was a day shift on salary, to an overnight position at 1/4 the earnings I hired in at. They did this a week after I told them I was pregnant and without notice. (Midnights was a position we were working to eliminate through automation.. the writing was on the wall.) Additionally, they would not let me do paid appearances for the station, which meant that I lost roughly an additional thousand to two thousand a month in additional earnings. I sued, and they settled... but they tried every trick in the book, too many to list here and too underhanded to even begin to believe, to get me to quit so I would not have a case.
My attorney stressed the importance to keeping a journal, documenting everything I saw, heard, felt and suspected in the course of every shift. I did not communicate with my employer unless it was in writing, and accepted nothing from them that wasn't signed. I sued on the basis of discrimination due to disability and sexual discrimination. The day I got my settlement check they let me go, which was just fine with me. They have not hired a female full time there since. I am not the type to sue over anything, but this was so blatent, I did it on principal.
I strongly advise you to contact a labor attorney on your mom's behalf immediately, and to make sure that this attorney is actively interested her case, is accessible to and contacts her regularly. She has to be very proactive in her case, and she must not do anything to jeopardize the work the attorney does behind the scenes.
This is a chess game, plain and simple, and she has to think three steps ahead of these schmucks at every turn... even over the littlest things. She cannot be afraid to say I will not sign this until my attorney sees this, I will not do this until I have spoken with my attorney, etc. Let the attorney be the bad guy. She must make every effort to bend over backwards for her employer in all other regards... because if it goes to a jury, you want them seeing her as the victim she is. (A jury can be quite fickle.. even if you have a case, if you appear to be even a little wicked or bent out of shape, it can effect your verdict, or, even if the jury thinks you have a case and verdicts in your favor, it could effect your award).
A labor attorney under these circumstances should only work for 1/3 of the award... which means you pay nothing until the case is settled. Mine said I did all my own work and only charged me 200 bucks... he said they made him mad. You won't likely find a guy like this, but I advise you to get someone anyway.
Find someone who is a former corporate headhunter and who has a lot of experience.
Lastly, and yet, of utmost importance:
Tell her not to fall victim to the emotional blackmail and peer pressure she will inevitably feel during this time. She has enough on her plate, and it's just part of the chess game. Tell her not to discuss anything with any employee, even most trusted friends, and to remember that her livelihood and benefits depend on her ability to stay focused and calm about the whole thing. In the long run, patience and prudence will win out, but they will do everything they can to provoke her... even the smallest little things.
I wish you luck! Please PM me and let me know that you have contacted and attorney and filed the paperwork with your state for her case.
As an employer now, I can tell you that she has far more rights than she thinks she does.
Take care.