question for employment Lawyer or such

[Mossback]

Along with a lot of others I'm sure, the layoff bug has hit home with us. My wife was laid off today for 2 weeks. It starts at the end of today. Here is the kicker though, when she comes back they want her to take a 30% cut in salary until July when it would go back up to normal. It feels like she is trying to get her to say no and quit, then any unemployment would be denied in turn saving the owner money. Is that legal?

[manwitaplan]

I am not a lawyer but it is probably legal! We are a right to work state. Can be fired for no reason.

[Torqman]

Correct, right to work. About 25% of my customers have had to take pay cuts, nothing crazy in times like this but 30% sounds high to me.

[Mossback]

thats the problem, she isn't being fired. She is being laid off for two weeks, then expected to come back with a 30% reduction in her contracted original salary. she is trying to make her quit by reducing a contracted salary 30% for a certain time (who knows how that plays out in july). Be a lot easier if she fired her. I guess she can refuse the 30% cut and maybe she will fire her then.

[bswift355]

Every company in America is making some sort of decision around this or will have to at some point. Our accountants were estimating 30-40% of small businesses not coming back after this. It's a horrible situation for all involved. Unemployment is going to go through the roof in very short order. She might consider taking the pay cut for the short term....

[SaintBlaise]

Make sure your wife tells them she is returning. She can always not return. As far as the cut in pay. Put your business owners hat on. They have a lot to lose and probably debt as well. I'm sure most business are requesting the reduction to give the business time to resuscitate. BOL

[Mike]

It sounds like the owner is trying to keep her employed and do the right thing. Someone might say it's "constructive discharge" but I would not agree with it under these circumstances.

In these times, I would roll with it and take what you can get.

[mavrick]

$410.00 a week unemployment. Is a 30% cut less? She can always quit and “try” to find a job!

[Phillip Fields]

I am not a lawyer but it is probably legal! We are a right to work state. Can be fired for no reason.

Contrary to popular view, the right to work law has absolutely no bearing on this type situation.

https://www.thebalancecareers.com/right-to-work-2071691

Sep 30, 2019 · In the U.S., state right-to-work laws pertain to labor unions and workers at a company. Specifically, the right-to-work means that employees are entitled to work in unionized workplaces without actually joining the union or paying regular union dues.

[denimdeerslayer]

A pay cut pays a lot more than unemployment does.

[miket]

thats the problem, she isn't being fired. She is being laid off for two weeks, then expected to come back with a 30% reduction in her contracted original salary. she is trying to make her quit by reducing a contracted salary 30% for a certain time (who knows how that plays out in july). Be a lot easier if she fired her. I guess she can refuse the 30% cut and maybe she will fire her then.

What do you mean by "contracted"? That will be the key word. Under normal circumstances she cant refuse the pay cut. You dont accept, you quit. Unless someone is being targeted for something unfairly etc every minute you work is at your own will, and that of your employer. He can come in right now and cut you to minimum wage for all future hours worked.

[miket]

Contrary to popular view, the right to work law has absolutely no bearing on this type situation.

https://www.thebalancecareers.com/right-to-work-2071691

Sep 30, 2019 · In the U.S., state right-to-work laws pertain to labor unions and workers at a company. Specifically, the right-to-work means that employees are entitled to work in unionized workplaces without actually joining the union or paying regular union dues.

"At will" is really the correct term for what I believe they are referring to

[Mossback]

What do you mean by "contracted"? That will be the key word. Under normal circumstances she cant refuse the pay cut. You dont accept, you quit. Unless someone is being targeted for something unfairly etc every minute you work is at your own will, and that of your employer. He can come in right now and cut you to minimum wage for all future hours worked.

she has a signed contract stating she will be compensated a stated salary for working full time there.

[miket]

she has a signed contract stating she will be compensated a stated salary for working full time there.

Then I would certainly look at that contract. ( not me-im nobody ) All depends on what it says. Seems like a decent contract would have a clause for if business goes to crap. Or a way out to reneg under certain circumstances. Probably will need a real lawyer to look at it.

Bump for you, hope you get some help.

[bswift355]

Over 3 million Americans lost their jobs last week..... wouldnt be surprised if that grows by another 3 mil this week.