I'm getting wind that my employer is going to ask me to switch to an hourly position, versus my current salaried position because we are not currently making our budget.

I do not know what rate will be offered or if my hours will be cut.

Is this legal? What are my options?

I need to stay at my current rate. Can I just say that I can't accept this and ask to just keep me as is or lay me off?

Of course it's legal. Of course you can demand that they keep you salaried. Of course they can lay you off. They can also just fire you and find someone else.

Most employees are at will employees, which basically means that they're employed at the will of the employer. If they decide that you're not longer worth it, they can and will find someone new.

That doesn't meant that you should be afraid to fight for what you feel is right, but you should be prepared that you may not be worth as much to them as you think you are.

As Alty said... they can do a lot of things... would you rather be hourly or unemployed? There are far worse things than being hourly. Besides...hourly you fall under the Overtime laws...that you didn't when you were salaried..

I myself have been hourly for the last 20 years (several previous jobs were salaried)... I ended up making more than my salaried boss for most of that time.

Exactly Smoothy. I've had both, salaried and hourly. My salaried job was great in one way, if I was sick one day, and had to call in that I wasn't coming in, I was still paid. That doesn't happen with an hourly paid job.

But, I also worked many weekends when it was a 40 hour a week Mon-Fri job, and didn't get paid overtime because I was salaried.

Hourly isn't all that bad. Being unemployed is worse, and in today's market employers can afford to do what they want, because there are hundreds of people lining up to take your job, and work harder than you, for whatever pay they get, just for the opportunity.

Why would you think a lay off is better than hourly? There are so many differences between hourly and salary it is hard to compare exactly what is better for you.

You don't have much of a choice. Take the hourly job it has Overtime provision and stay employed. JOBS don't grow on tree now adays. If you like your job and things get better the company may well remember that you helped them out and you could be rewarded later on. If you don't like your job then maybe you should stay employed until you can find a better job.

You can try and work out the best deal you can... but they are allowed, unless you have a contract, to do what they want.