Is it legal for an employer to fire an atwill employee b/c i won't take on a higher position w/o higher pay?

Curly · 20-04-08

I am an office assistant making only $8 an hour and my office manager is out for the year possible. I have been dumped on since I have been with this company and I have an associate's degree in Business; my office manager doesn't (making $18/hr). My head boss wants me to take on the Office Manager's position without an increase in pay (the company's pay increase freeze isn't lifted yet). But due to the company's reputation for dumping work on their employee's in the past, I don't think they would increase my pay even if there wasn't a freeze. If accepting the job, I will have to fulfil my assistant duties and the manager's duties. They told me if I didn't they didn't need me. I refuse to do it!! I am an at will employee, is this legal for them to terminate me and can I get unemployment, if so. What should I do?

Chuck9052 · 20-04-08

I don't think it's illegal. If this is a large company, then you may have some recourse. Personally I would not quit. If you get fired, they will have to pay you unemployment.With that said, I would get a free consultation with a lawyer or contact the EEOC for the state in which you live.Good Luck,http://aac.ebusinesswiz.com

PslaT · 20-04-08

its absolutely legal

sirbossman6969 · 20-04-08

Quit $ 8 an hour is just above minimum wage, you can get that waitingon tables in anty first class restaurant. Even dishwashers make nearly that much. the job have was great pay years ago not now,

JosephF · 20-04-08

If you are an "at will" employee, they can let you go for any reason or for no reason at all.You missed a golden opportunity to step up to the plate and perform better than the office manager and fill his/her job so that it wasn't there when he/she came back....oh well...

johnc6284 · 20-04-08

Traditionally, wage freezes apply to the salary for each position at the time of a comprehensive (insert a wink, nudge or nod here) suspension. It was not your pay that was changing. You were being promoted to a higher grade and the pre-freeze rate, albeit on hold, would not be a violation in most companies.Apparently, this is not the case with your company and, especially in today's economy, it is an employer's world. While this is certainly not fair, most of us have been through something similar and the slight possibility of unemployment is small compensation for the loss of your job. Perhaps they will consider a stock concession, or agree to document a retroactive entitlement at the end of the freeze. Unless you are in the military, with all respect to George Armstrong Custer, a brevet promotion is more manipulation than merit and you don't want to be a minority of one. Good Luck.

satx728 · 20-04-08

Sounds like the proverbial rock & hard place. Unfortunately, it is legal. Do you like the job? Do you have benefits? How's the job market where you are? Can you take the job and start looking elsewhere? Try not to quit as that eliminates unemployment. Try negotiating with your boss, go for a raise after 90 days. It could be that they will take it rather than have to hire and train someone new.Good Luck

michr · 20-04-08

if you are fired you can file for unemployment.................that does not mean you will get it.every unemployment case is judged on it's individual merits and the only way to know for sure is file.(if it comes to it)i would suggest taking the title, you are going to do the work anyway or the person who replaces you will. you get raises for doing more then you are paid for not because you will do more when you get the raise. this is an excellent opportunity for you to use your education and experience and prove your value to this company. hourly rate of pay is not the only concern, there are benefits to be considered. good luck in whatever you decide.