Pay Decrease

[Tiff]

Does anyone know about the laws governing a pay rate decrease. I have given an employee a raise based on added responsibility. Well, 7 months later the job is not getting done, she is back to being a straight cashier. I want to bring her pay rate back to where it was, but I am unsure of the legalities of the whole thing. I am in Long Island New York. I cant simply fire her, she just informed me she is pregnant. Everything is more involved than I have written, but, this is what it comes down to

[RPMGeorge]

Hi, Your situation isn't easy. Did you perform an Employee Performance Appraisal bevor promoting her? If so, you have to do an appraisal after 6 or 12 month pending your Employee Policies. If the performance in fact is lacking in Knowledge before its not wise to proceed. However, if the lack of performance is after you should have no problems addressing the Situation (provided you have the Articles involved covered in Your employee Handbooks)with a demotion back to her previouse position provided it's not filled by another employee. As of Pregnancy this makes things more complicated. Is she not able to perform her Duties due to her "medical condition" and can you proof that her condition is under no circumstances reducing her ability to perform her given Duties if her condition is a "handicap" she needs to be given a diferent position without Paycut.
You should seek some professional legal advise in this matter, as you know here on the Island things are a little bit tricky at times. A wrong can be a right if she finds better legal advise against you.

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George Schmitz