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Demoted West Virginia

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  • Demoted West Virginia

    I was recently demoted from a supervisor position for yelling at employees. I was verbally warned about the way I address employes twice but never written up and never signed anything. They dropped my pay from $8.25 hr to $7.50 hr and took my 1 weeks paid vacation from me is this legal.
    Last edited by ericamyb; 09-17-2009, 10:03 PM.

  • #2
    The only thing you have posted that is even remotely close to illegal is the vacation issue, and even that depends on what you mean by "took your paid vacation from you". If you mean that you are now no longer eligible for a week of paid vacation, yes, that is legal. If you mean that vacation time you had already earned is now being withdrawn, that may or may not be legal under WV law. As I recall, WV law is somewhat conflicting. IF that is what has happened, you may wish to contact the state DOL for confirmation.

    However, demoting you is legal, reducing your pay is legal, and making you ineligible for further paid vacation is legal. There is no requirement that you have been written up, signed anything, or been otherwise warned before an employer can take action.

    The above presumes that no legally binding contract or CBA specifically says otherwise.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Agree with all. The only thing that they definitely couldn't have done would have been to reduce your pay below minimum wage.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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