Q. We do yearly, during which we review whether employees have met the expectations we laid out during the previous review. If these expectations were not met, can we legally decrease the employee's salary as punishment? —A.L., Iowa
A. From a strictly legal perspective, you can change an at-will employee's wages, hours and other terms of employment at any time and for any reason (except for an unlawful/discriminatory reason). The employment at-will doctrine isn't limited to termination.
From a practical perspective, however, we advise against performance-based pay cuts. Cutting wages is an unusually harsh action that is sure to adversely affect employee morale. If an employee's performance is unsatisfactory, it may be more appropriate to grant no wage increase, or to implementthat eventually can lead to discharge.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Company settles OSHA retaliation case for $100,000
- Whistle-blower retaliation just got more expensive in N.Y.
- Don't discount cost of harassment lawsuit—Even if you win
- Court gives pro se litigant one more chance to make her case