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Title/Grade Changed without notice after hire

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  • Title/Grade Changed without notice after hire

    Hi,

    I was hired by a large corporation in Massachuestts. In my offer letter, my title was specificly stated as a certain level. On my first day of employment (according to an automated system that we use to look at our employment profile) I was demoted one grade to a lower position. When I confronted my supervisor about this, he told me that it was a mistake and they should not have offered me the job at the higher grade and that is why it was corrected. Besides being extremely unprofessional, is there any legal recourse that I have?

    Thanks for your time.

  • #2
    Did you suffer any damages because of this? For example, did you turn down another job that you would have accepted if you had known this would happen?
    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
      I did not turn down another job, but I would not have left my original job had I known that this was not a "career progression". As it turns out, the move was lateral, just from one company to another.

      Comment


      • #4
        You may have a breach of contract claim for which you could enforce the earlier agreement. Your claim would be that they changed the agreement without your consent and without compensating you for the change. You might then try to argue it as a wage case and go for treble damages. But the case would not be simple.

        A case just came out on a similar issue in the last week of January. In that case, the company used e-mails discussing the change and the need for salary reductions as evidence of the employee's agreement. Also, the fact that the employee stayed for 3 years was used to bolster this consent. Lastly, the court noted that the parties created a new unilateral contract every time the plaintiff continued to work after being advised of the salary reduction.

        You should consider speaking with an attorney if the reduction concerns you.
        This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

        This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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