linkspast Posted January 31, 2009 Share Posted January 31, 2009 Was not sure where to put this so... yeah. Ok So heres the short story, I work at a small restaurant There are usually 3 or 4 people that close, and one is called a "TL" which is short for team leader. These TL`s get paid more, as they also are required to do more. Now heres the Issue. we recently hire a night manager, who is the around same age as the rest of us (22ish.) and he is now getting paid more than the TL`s. I am a TL (and have been so for about a year), and I have heard a rumor that I cannot clock in as a TL anymore. If I do They will adjust my pay accordingly. If they say nothing of the sort to me, is this legal? Also... This guy is an idiot. when I work with him it seams that I work much more than him. and takes my hours... But thats beside the point. Quote Link to comment Share on other sites More sharing options...
EdgeCrusher Posted January 31, 2009 Share Posted January 31, 2009 As far as I know, they can not demote you without giving you a reason and actually inform you of it. Quote Link to comment Share on other sites More sharing options...
Drack Posted January 31, 2009 Share Posted January 31, 2009 Whether or not it's legal, it's definitely unethical. Quote Link to comment Share on other sites More sharing options...
Triad Orion Posted January 31, 2009 Share Posted January 31, 2009 Most of the time companies are allowed to reduce your pay and demote you at will, much like how they're able to raise or promote you at their discretion. If you're unsure, you're better off talking to someone you know in person who may know employment law. But to be honest, I don't really think you have much legal footing to stand on, unless the case involves active discrimination or what have you. It varies heavily state-to-state what does and doesn't constitute a violation in this sort of matter. Workers generally don't have a whole hell of a lot of rights when it comes to job security in the private sector, and this is a double edged sword. This obviously sucks for the little guy, but it's good for the company's business. Good for capitalism and free market, bad for people who have to actually earn a living. My sympathies to you, man. Quote Link to comment Share on other sites More sharing options...
Moseph Posted January 31, 2009 Share Posted January 31, 2009 I am a TL (and have been so for about a year), and I have heard a rumor that I cannot clock in as a TL anymore. If I do They will adjust my pay accordingly. If they say nothing of the sort to me, is this legal? Don't rely on rumors. Go over your recent paychecks thoroughly to make sure you know exactly what you're being paid. If you are getting TL pay, then problem solved. If you're not, then ask management about it. Quote Link to comment Share on other sites More sharing options...
Flare4War Posted January 31, 2009 Share Posted January 31, 2009 There is a good chance that when you took the job you signed something somewhere that said they have the right to fuck you over at will. What the company is doing may be unethical but it's more than likely legal. Quote Link to comment Share on other sites More sharing options...
EdgeCrusher Posted January 31, 2009 Share Posted January 31, 2009 Maybe my work place is different then. I have to sign a paper any time I have a pay raise or decrease. Quote Link to comment Share on other sites More sharing options...
phill Posted January 31, 2009 Share Posted January 31, 2009 Either go ask management(not the new guy) about the rumors or continue to charge for the TL position until management tells you otherwise/till the changes show up on your pay stub(then talk to the management and still not the new guy). Now, I am not a master of state or federal employment laws, but I do believe that unless you have a formal contract you are considered an 'At Will' employee. This basically gives your employer the right to screw you as they see fit, eg. firing with or without cause as long as it does not break the law (ie.discrimination). If you did sign a contract, it should include information about what the employer will tell you when you are promoted/demoted. Quote Link to comment Share on other sites More sharing options...
Reaif Posted January 31, 2009 Share Posted January 31, 2009 If it turns out that they are allowed you screw you, one thing I would recommend is to ask them for formal paper work (the actual papers you signed) from the time of hire, stating that they can screw you over. I know that companies tend to be a little less organized (in my experience) than they would like to admit, and they might have trouble finding the correct paper work which gives them rights over you. Quote Link to comment Share on other sites More sharing options...
linkspast Posted February 1, 2009 Author Share Posted February 1, 2009 Don't rely on rumors. Go over your recent paychecks thoroughly to make sure you know exactly what you're being paid. If you are getting TL pay, then problem solved. If you're not, then ask management about it. We get a clock out slip at the start and the end of our shifts, and they have adjusted my hours. There is a good chance that when you took the job you signed something somewhere that said they have the right to fuck you over at will. What the company is doing may be unethical but it's more than likely legal. Im pretty sure I did not sign anything, and even If I had I am going to ask them to produce such a document, Which I know they are not going to have because they are so unorganized. Quote Link to comment Share on other sites More sharing options...
NuGeo Posted February 1, 2009 Share Posted February 1, 2009 We get a clock out slip at the start and the end of our shifts, and they have adjusted my hours. That kind of activity is highly illegal. I am not a lawyer, but I know that employees on an hourly payroll absolutely MUST be paid for the time that they are on the clock. A company fudging the number of hours you are working behind your back breaks all kinds of labor laws. Remember that it is also illegal for any company (private or otherwise) to not pay you overtime when you work more than 40 hours a week on a payroll system. So you can clearly see why changing the number of hours you work to something that does not accurately reflect reality is completely illegal. Talk to a lawyer ASAP. And think about obtaining some good, solid evidence. You're going to need it. Quote Link to comment Share on other sites More sharing options...
SLyGeN Posted February 1, 2009 Share Posted February 1, 2009 A lot of blue-collar jobs are "at will" labor, which means that you AND the employer have the right to terminate your position at any time. As far as demotions, I'm not sure if that's considered terminating the original position or not. The thing is, once shit hits the fan, that's when people get all huffy and don't realize they were warned ahead of time. Quote Link to comment Share on other sites More sharing options...
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