QUESTION

Wondering if reducing my wage 2.50 per hour is legal after a verbal agreement of keeping higher wage

Asked on Dec 07th, 2018 on Breach of Contract - Illinois
More details to this question:
Asked for increase after redoing scheduling system. updating resident care plans, working to hire new employees as a Memory Care Director, and was denied the increase. Executive Director approved my return to hourly status vs salary , I worked overtime hours when I could to make up for not receiving the wage increase. New regional boss tells Executive Director I make too much for my position and stated a $2.50 hourly reduction to be in place regardless of our previous agreement.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Did you have a term for how long you would receive the higher wage?  If not, your employer can terminate that agreement at any time, just as you can by demanding a higher wage or you will quit, or simply by quitting.  If you had an agreement that you would receive the higher wage for a definite period of time, you would still have a problem, because in the jurisdictions in which I practice (I believe it is the same in Illinois) a verbal agreement is not valid if it can't be fully performed within a year, so that if you had an oral agreement to receive the higher wage for 2 years, that would probably not be enforceable.  There are some twists you could try.  For example, if the agreement was for you to receive the higher wage until you voluntarily left your employment, you could argue that, since you could have left your employment earlier than one year, the agreement COULD have been perforemd within one year and therefore is enforceable, but it is doubtful if it will work, particularly since your boss is likely to deny that you had any such agreement.
Answered on Dec 07th, 2018 at 9:19 AM

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