Q: is it legal to switch the duties of a salaried employee to a higher position and refuse to promote him?
My husband (a manager in a store on salary) was permanently transferred to a different store to cover the position of a higher manager who had also been transferred. When he asked for a raise or at least a change of title to a higher role he was refused. So now they have 2 persons with a same title in this store, but he will be responsible for the duties of a higher level manager. He didn't get a raise last year either though in his Job Offer it said he is eligible for a salary increase annually based on his performance and pay guidelines. We rented our apartment specifically in walking distance to his initial place of work and now he has to drive 15-20 mins to a new location. We only have 1 car and we need it to drive our daughter to school. So now we have additional costs for a taxi. His transfer makes it more costly for us without any benefits. Is there anything he can legally do to get a raise or a change of position or to be transferred back to the initial store?
thank you.
A: Yes, he can legally tell his employer that he will need a promotion to the higher position and a larger salary due to his transfer to a different location and greater responsibilities. If his employer refuses, he can legally quit his job. In the current labor market, his employer has little leverage to persuade him to continue the position with greater responsibilities without a commensurate increase in compensation.
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