Do I have a possible lawsuit.

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casey71

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I live and work in Texas, and have been at my current job since Nov. 2004. Our corporate office is based in Alabama.

We have recently gotten a new Advertising Director, and Publisher. I would like to now give some back history.

November 2006 we got a new publisher, a female, publisher. Who had not been a publisher before. Under her command 18 people quit. Including 4 of those people being Department heads, the rest were reporters, sales reps, and managers. Needless to say she was let go in Nov. of 2007. But before she was let go she hired two people an Advertising Director, who orginally applied to be my assistant, but was ultimately given the titile of Advertising Director so that this publisher could use her vacation time before she was canned.and a Circulation Director, who was also not qualified for her position either. (that is just my personal opinion) It was not official knowledge at this time that she (the publisher) was being let go, which is why she got to use her vacation time. I would like to also add that I had to start seeing a therapist in Oct. 07, because I was at my breaking point under this woman's command. I had been progressing fine. Especially with her gone.

Until...

Fast forward to Feb. 2008 we get a new publisher, he has had some exp. with newspaper business. He seems alright.

My problem is with my "supervisor" she was asked to step down from Ad. Director, because she was not qualified for that position. She did, but has made it clear to me that she wants my job.

She tries to get me into trouble with the publisher by saying that I am not doing my job. Even though I am and I know more about it than she does.

Now, I was brought in the office today with a co-worker, who is commission only. To be told that they were taking away my hourly wages, and replacing it with commission only. I would still be expected to do the same job, that I have been paid, for the past 4 years and 6 months on a hourly + commission basis. I was unable to voice my concerns, because of the co-worker who was commission only, we are not allowed to disclose salary to other co-workers.

I finally said that I did not think it was legal for them to take away my hourly wage. His reply was he could and I quote "cut my pay to minimum wage right now if he wanted. He can do anything he wants to!" This was in front of the commission only co-worker as well as the Ad. Director who was asked to step down, but is still "technically" my supervisor until he hires a new Ad Director.

Back to the discriminatory behavior from this "technical" ad director. She has told me where no one can hear she wants my job. It is her field of expertise. She is constantly in the publishers office, and when I go in to tell him about this behavior he says that I am being petty.

I love my job, but do not think I can handle another year like 2007. Do I have a case? Can they really take away my hourly wages? This is also causing my undue stress and I feel like I am being thrust into a hostile work environment with fueled by discriminatory treatment. I literally get sick in the mornings. I can't sleep at night. This is taking a very serious toll on my health.
 
Nothing you have posted meets the definition of illegal discrimination. Yes, your hourly wage can be cut as long as (1) you are notified in advance of working any hours at the lower rate (2) the new rate does not go below the higher of state or Federal minimum wage and (3) you do not have a legally binding contract or CBA stating that your wage cannot be cut.

The term, hostile work environment, has a very specific meaning under the law and what you describe does not meet it. I'm sure it's a very uncomfortable situation but you have not described anything illegal or anything that gives you legal recourse.
 
Nothing you have posted meets the definition of illegal discrimination. Yes, your hourly wage can be cut as long as (1) you are notified in advance of working any hours at the lower rate (2) the new rate does not go below the higher of state or Federal minimum wage and (3) you do not have a legally binding contract or CBA stating that your wage cannot be cut.

The term, hostile work environment, has a very specific meaning under the law and what you describe does not meet it. I'm sure it's a very uncomfortable situation but you have not described anything illegal or anything that gives you legal recourse.



Thank you for your input. I will have to decide whether this job is worth the effort.
 
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