Question about employment rights

[whitdemo]

Hello there, my husband has PD and has been with the same company for 20 years. last week they gave him notice that they are cutting his salary 35% and taking away some of his responsibilities. He is fully able to do his job and with his DBS there are no required adjustments yet that he needs for his work. They were going to start this change Jan 1 -so 6 weeks of notice.

We want to consult an HR lawyer just to make sure we are clear on his rights and make sure his company is following standard procedures and not cutting corners here.

If anyone knows a good HR lawyer er can consult with please let me know.Or even ideas on where to find one.

[Boscoejean]

Are you doing a search based on your location?

[Bolt_Upright]

I'm sorry you are going through this.

This is not what you are asking for, but if his company puts in writing why they think he can't perform the job at his previous level, they may be laying the foundation for a disability and/or Social Security claim.

[MBAnderson]

File or threaten to file a claim with the Equal Employment Opportunity Commission (EEOC.) It is the federal agency responsible for handling disability-related employment discrimination claims, including those involving wrongful termination.

Under the Americans with Disabilities Act (ADA), the EEOC investigates claims where employees with disabilities may have been discriminated against or wrongfully terminated due to their disability.

[coffeewithcream]

drmich.org/about-us/what-ar...

Every state in the US has a disability protection and advocacy agency. You should be able to find yours at the above link.

[HugoRipanykhazov in reply to coffeewithcream]

I wish that were so! New York certainly doesn't have any such advocacy organisation. There are disability rights groups all over the place and lots staffed by attorneys.. But none that could be bothered to lift a finger to help anyone with a disability!

New York seems to specialize in paying lawyers large sums of money to ESTABLISH such rights. Always provided no one ever needs to back up their enforcement through any court

[coffeewithcream in reply to HugoRipanykhazov]

drny.org/ This is supposed to be the protection and advocacy agency in New York. I believe they are federally funded so perhaps a call to your state representative could answer why they are not doing what they are supposed to be doing.

[HugoRipanykhazov in reply to coffeewithcream]

Yes that appears to be half of the problem. They are so well funded that they don't need to take any action to do their jobs. They can just sit back when a problem comes in and take the attitude that they can just tell it to go away! Try bothering someone else, their funding will always continue unaffected.

[coffeewithcream in reply to HugoRipanykhazov]

That may change soon. With our new administration if they can't prove their value they will likely no longer have funding.

[stlewy]

Did the company state a specific reason for his cut-back? Are others getting letters of salary reduction?

[whitdemo in reply to stlewy]

yes they're income projections are down and so others also got small cuts as well. so This isnt only him althought his was the biggest reduction .

[whitdemo in reply to stlewy]

yes they're income projections are down and so others also got small cuts as well. so This isnt only him althought his was the biggest reduction .

[Shorebirdsotherhalf]

what state are you in? Is it a right to work state? Do you have copies of his annual job performance reviews that reflect any sort of downward trend in performance? Is this part of a broader reduction in force initiative company wide? Aside from having PD, does he fall within in any other “protective class categories (age, race, etc)? I suspect that prior to making this change, the HR/legal team was consulted and are prepared to defend their position but if it’s a small company, that may not be the case.

[whitdemo in reply to Shorebirdsotherhalf]

Hi thanks for the input. We are in Ca. and his change is a company wide change, so others salaries have been cut but his change is the largest . He is 63 so I think thats considered protected as well? Its a 15 person company so I doubt they consulted HR/legal. It feels like they are using this opportunity to nudge him into retirement to me. We just want to consult an HR lawyer so we know his rights and also that the cmpany is following the SOP.

[Shorebirdsotherhalf]

Check your private messages (under chat) and feel free to message me back if you’d like additional information on a referral