Laid off and then rehired...QUESTION!!

marcyinPA

DIS Veteran
Joined
Apr 2, 2001
Messages
7,731
I'm planning on calling the Dept. of Labor tomorrow, but until then, maybe someone here has some experience with this situation....

I was talking to some friends tonight, and they are convinced that what my DH's company did to him is "illegal".

My DH was laid off two months ago. His previous employer called him back from lay-off last week. They told him that they couldn't take him back for the same position, but a lower one. They also told him that his hourly rate would be $6 an hour lower than what he made two months ago. They did say that when they move him back to his old position, he'd go back to his old pay rate. No, he didn't get it in writing....:(

That night, he received an email from the HR person. She said that they were able to squeak out another $2 an hour to start. So now he's making $4 an hour less than he did two months ago.

The following day, he gets another email from the head of operations, who told him that the hourly rate they now have him at will be PERMANENT, even if they move him to his old position. He will have rate increases based on performance reviews but will start at this lower rate. So, basically, they want him to do his former job but for $4 less per hour than what he was making previously.

As far as he knows, nobody else in the company has taken a pay-cut. They did hire another person back on the same day, and he was given his old job back with his original salary. He did the same job as my DH, but he had a year or so more time with the company.

The HR person specifically told my DH that his performance was not a factor AT ALL. My DH is a very good employee and always gives 110%, and has always had very good reviews.

Everything we've read and have been told is that he HAD to take the position or he'd lose his unemployment benefits. My question is....do you REALLY have to take a lesser job at a lower wage? Are you really bound to take a crap job?? Is there any protection for employees?? Is the employer the only one who wins in this situation??

My DH accepted the job because he felt he had no choice. We did not know our rights, if any, and he pretty much had to make the decision on the spot.

I feel like he was royally screwed. And before anyone on this thread tells us to be thankful for the job...we are thankful. I don't think though, that we have to be happy about being abused.
 
Everyone at DH's company just got their 2nd pay cut since January
No one is happy
I dont see the difference:confused3
 
Everyone at DH's company just got their 2nd pay cut since January
No one is happy
I dont see the difference:confused3

Nobody who stayed got a pay-cut. They are all making what they were making before. My DH will be making $4 less than he was, doing the same work. To me, there is a difference.
 
I am a controller and do HR for a small company in Iowa. In Iowa this is perfectly legal, and I have actually run into this in our non union shop recently. Iowa is an at will state meaning either party can terminate employment at any time. Now they are offering your husband a wage, he can either accept it or turn it down that is his choice. If he turns it down he may or may not be eligible to continue unemployment, depending on what % the pay cut is. Iowa's rules for suitable employment is as follows:

100 percent if work is offered during the first five weeks of your claim.
75 percent if work is offered during the sixth through the 12th weeks of your claim.
70 percent if work is offered during the 13th through 18th weeks of your claim.
65 percent if work is offered after the 18th week of your claim. However, you are not required to accept employment below the federal or state minimum wage.

For example if he has been on unemployment for 6 weeks and the offer is at least 75% of his old wage he must take the job or lose his unemployment.
 







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