Promote or fired

[Wiggum]

Am I required to take a promotion? I was given the option of taking a promotion or be let go. If I take the promotion, no one knows when a pay increase would come. Is that legal?

 

[Green_Hornet]

Yea thats legal management has a lot of prerogative on a position that can be abolished and a new position created.

 

[cbg]

Quite legal. No law requires that you get a pay increase with a promotion.

 

[Wiggum]

So in the state of Arkansas, a employer can say, "take this new job or you'll be let go"? What's odd to me is that no matter if I take the new position or am let go, my current position (not the new one) will be filled by someone else. Now if someone else was to take the new position, they would have a higher starting pay.

 

[cbg]

In all 50 states, an employer can say to you, "take this new job or you'll be let go". The only exception would be if you had a legally binding and enforceable contract or CBA that specifically says otherwise.

With the same caveat, the only time your employer is required by law to raise your pay is if minimum wage is raised by the appropriate legislative body and you are working under the new minimum.

What you describe is called "market compression". It is unfortunate but true, and not illegal, that often a new employee hired into a position will be hired at a higher rate than the employee or employees already in the job.

 

[Green_Hornet]

So in the state of Arkansas, a employer can say, "take this new job or you'll be let go"? What's odd to me is that no matter if I take the new position or am let go, my current position (not the new one) will be filled by someone else. Now if someone else was to take the new position, they would have a higher starting pay.

Why wouldn't you wanted to get paid more? Unless I am misunderstanding your post the new job gives a higher wage. It seems the employer is doing it so you will take the new job because he feels your the guy for it.

 

[Wiggum]

Because of the economic situation, I will be given a promotion but not a pay raise at this time. Who knows how long it will be before I do receive a pay raise. Now, if someone new took the new position, there would be a minimum salary which I'm not sure I currently am at. Also, I'm not sure if I'm suited for the position they're offering. It just seemed a little hard to say I had to take the position or get fired.

 

[Green_Hornet]

Well you can always ask for a raise that is always legal.