decreasing an employees pay

jajwanda

I need to know what to do about an employee we hired with the intentions of training him to be a field supervisor. Also starting him out at a supervisors pay. He did not have a cdl liscense & upon hiring him it was a mutual agreement that he would get one. Two months later he still has not even made an effort, therefore it would be impossiable for him to be put in the supervisor position. Last week we put a memo in with his check stating that if he did not get his cdl within a months time we would be decreasing his pay to labors pay. He since has sent a letter to us informing us that it is illegal to do this & he would take legal steps against us if we do proceed to decrease his pay.
He is only working as a laborer right now, & as I stated it would be impossiable for him to become a supervisor without his cdl liscense. Can we legallaly decrease his pay because of this?
Thanks, Joann

Leslie

Was your mutual agreement in writing? Or a condition of employment in that position (in job description, posting, whatever)?

I'd think you wait out the month, and decrease the wage.

Just curious, why would you hire him at the supervisor's wage when he did not meet the requirements of the job? Why not start him out at the laborer's wage and increase when he met the requirements?

And I just realized in attempting to answer your question I asked four more! Sorry! x:-8

jajwanda

Hi Leslie,
Thank you for your response. Just so you know we did hire this guy in at a higher rate because he was supposed to have been experienced at running a crew. But we will definetly rethink this situation so it does not happen again.
Thanks for your input.

HRsage

Do you have any documentation of the mutual agreement requiring him to get the license? I don't think decreasing his pay is illegal, but you should double check your state law or check with an attorney. It seems he is not living up to his end of the agreement and the performance requirements of the job. In the future it would probably be better to start them off at the lower pay and then give the increase once they complete the requirements. Just my thoughts.

sonny

I agree with both of the posts above. CDL requirements are listed on our job descriptions. No ticky, no washy. We did actually create a lower level laborer classification that does not require a CDL so we could bring folks on more quickly and in response to just what you are facing. Once they obtain the CDL they move up a classification and get an increase. I'm not sure with this guys attitude you would want him as a supervisor anyway ESPECIALLY if he has made no effort. We have one kid who took the test FIVE times before he passed it. He has some LD problems, they had to read it to him etc., but he kept trying and everyone cheered when he passed. During the same period a bright kid could not get off his you know what to even attempt it. Don't have much use for someone with no initiative and in your case, who then turns around and threatens you.

Dasher

Management sets salaries and there are no "legal" issues surrounding reducing pay unless someone could claim discrimination based on race, gender, national origin, etc. If your job descriptions state that CDL license is required for the title you are paying the employee for -- the employee either gets the CDL in your time frame or is demoted/terminated -- your choice. I would put that in writing so there are no misunderstandings.

I just had a case like this wherein an employee's license was suspended. Since the license is a requirement of the job, we reduced him to a position not requiring a license. He could have been terminated! Your employee is way off base and I agree with the above posters that you may want to take another look at his/her suitability for a supervisory position.

Rockie

In hindsight (which is always 20/20), you probably should have left him at the laborer's pay until he met the requirements of a supervisor. However, it is perfectly legal to reduce his pay. You have informed him that he has such and such time to meet the requirements and he has made no effort to do so.

I would just put a note in his next paycheck "per our previous correspondence, you were given ___amount of time to meet the requirements set forth for the supervisory position which you did not comply with. Effective _____, your pay will revert to _____"

Balloonman

I am gonna sound like a heartless one but.......he has failed to even attempt to get the CDL, and seems to have a poor attitude. If he does not obtain it in a month, bring him in, and terminate him. He failed to live up to the agreement, and based on the lack of initiative and attitude displayed by him it appears obvious that he is not the right person for this position. THen wish him well.
My $0.02 worth.
DJ The Balloonman

Don D

In a perfect world, you'd be home free if you had the employee's understanding of this expectation pre-hire and even in better shape if it were included in your offer lettter. However, if you have determined that the employee cannot add value to the company or perform his job without the training and he refuses to attend I think you'd be on safe ground terminating.

Why not advise him that you'll pay the lesser of an airplane ticket or round trip mileage in his automobile and he's to eat the difference, if any. I can understand him saying he'd prefer not to fly; however, that's different from saying, "Ain't no way I'm going to Cleveland for training." (Wait, I can even understand refusing to go to Cleveland.)

sonny

[font size="1" color="#FF0000"]LAST EDITED ON 04-23-03 AT 01:19PM (CST)[/font][p]The rock and roll hall of fame is there, Don and there are some neat places down town. Cleveland rocks. . .well at least it has come a long way.

AprilShowers

Amen!

Pixie

"Ain't no way I'm going to Cleveland for
>training." (Wait, I can even understand refusing to go to Cleveland.)

Don D .... would that be Cleveland the city, or the Greater Cleveland Area? Please say that you are excluding suburbs surrounding Cleveland, otherwise, my feelings will be hurt.

Don D

Truth is I've never been to or near Cleveland, except Cleveland, Mississippi where I was raised. Also the truth is that the worldwide corporate headquarters for my new employer is located in Cleveland, so I'll be there for visits before long. Just kidding about Cleveland. I just remember Johnny Carson used to always joke about Cleveland. I'm showing my age again.

Don D

I must have lost it. I think I'm mixing up the guy who won't get a CDL with some other post about somebody who won't fly somewhere for training. But, the answer's still the same. Terminate.

hrbanker

'Terminate' is the best answer to a lot of my problem employees. Can't figure why I work so hard to keep them on board.

HRsage

I was wondering about your double post Don for the other topic. I thought you did it on purpose to kill 2 birds with 1 post. It did fit the situation accordingly.

Trinity

You know Don, I was wondering where in the post it mentioned that the guy didn't want to go to Cleveland for training, but who am I to gainsay my elders?
;;)

ritaanz

ELDERS?? Does that mean it's time to change your diaper?