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Is this legal or ethical?

Pretty sure legal, but not ethical. I've been in my current dept for 10 years. In May I interviewed for a new job in a different department. This would be a step up, and more pay, from what I'm currently doing. I followed the proper protocol for applying and informed my supervisor that I was doing so. I got offered the job and accepted. I signed the offer letter and returned it to HR. It contained my start date and new salary. I was all set to transfer, have trained other associates on the projects I've been working on and had numerous discussions with my supervisor about all of this. Yesterday, my boss' boss called the both of us into his office, and informed me that due to budget constraints, they are unable to post for my position, and so they'll be keeping me for another 3 months. I asked if my soon to be supervisor was aware of this, and he said yes, but there's nothing that they can do, it's a done deal. This went high up the leadership team. And they're not going to be paying what my new salary would be. I'm pissed. My immediate supervisor feels it's totally unfair, and suggested I call our Ethics hotline. I don't even know if I'll get anywhere with HR, but I can try. My soon to be supervisor is aware, and she's not in agreement either. Though she did say if she can't hire me, she can't hire anyone else either. Said she's on my side, and not done dealing with this yet. I asked what happens at the end of Sept when they dont' want to let me go again. Was told that can't happen, it's a one time thing. I want it in writing. I have busted my butt for this dept, haven't gotten a promo in 6 years and barely any salary increase. THis is an opportunityt o better myself and career and I feel like the stage is being set for it to be taken away from me. Do I have any recourse?????

Re: Is this legal or ethical?

  • This is tricky for your company since you signed an offer letter with a new salary.  Do you have anything in writing that indicates that they are  rescinding the offer?  Did you sign another agreement, putting your back to your regular position?  I believe your company is legally obligated to pay you according to the most current offer letter, which would be the new rate. 

    Good luck, and don't give up!

    Life's a beach!
  • I guess technically they're not rescinding the offer, but delaying it. I haven't signed anything else, except the offer that was made for the new position.
  • That sucks.  My company has been known to do that too.
  • Unless there was language in the document you signed outlining how it could be canceled and at what obligation to either side, you don't have recourse.  Not only is your state have "at will" employment (meaning they can choose to fire you if you push this further), but written job offers are unfortunately rescinded all the time.

    http://www.itworld.com/rescinded-job-offers-080422
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  • TeamCTeamC member
    I would call the Ethics Hotline to get an independent assessment of the situation.  Since Ethics Hotlines operate outside the company and allow for anonymity, you can at least be sure that it will be preliminarily investigated.  If nothing comes of it, you've at least made sure that someone was made aware.
  • I'm not really seeing what the issue is.  You will eventually move into the new position and earn your new salary, right?  Why do you feel that your raise should kick in before you start doing the new job? 

    You're overreacting.

  • imageBlueCuracao:

    I'm not really seeing what the issue is.  You will eventually move into the new position and earn your new salary, right?  Why do you feel that your raise should kick in before you start doing the new job? 

    You're overreacting.

    I think they are asking her to start at the new position but with the salary of her current position.

  • imageTX-Bride:
    imageBlueCuracao:

    I'm not really seeing what the issue is.  You will eventually move into the new position and earn your new salary, right?  Why do you feel that your raise should kick in before you start doing the new job? 

    You're overreacting.

    I think they are asking her to start at the new position but with the salary of her current position.

    She wants to start work and her new salary TODAY! not 3 months from now.  It does sound fishy to me. 

  • imageTX-Bride:
    imageBlueCuracao:

    I'm not really seeing what the issue is.  You will eventually move into the new position and earn your new salary, right?  Why do you feel that your raise should kick in before you start doing the new job? 

    You're overreacting.

    I think they are asking her to start at the new position but with the salary of her current position.

    No.  She's being asked to stay in her current position until a replacement can be trained in.  That is not uncommon at all.  Yeah it sucks she doesn't get her raise right away, but she's not even doing her new job yet.   She doesn't deserve her raise yet and isn't entitled to crap from her employer at this point.

    If she's dumb enough to argue the situation, she would probably lose her job because her company would realize she's a needy drama queen.  Her HR department should have communicated better with the other departments, but she still hasn't been "done wrong" by her employer.

  • Legally they can do it.  Raises and promotions are not regulated.  Unless the offer letter was a bonafide contract then you have recourse.  99% of offer letters do not rise to a contract level though.

    I don't even see where it is an ethical dilemma.  They need you in your current position and have apparently learned to live without the new position for now.  That department has already adjusted for the missing person. 

     Step back and look at the situation from the outside vs. the person involved and you will see it differently.

  • imageThomas0725:
    This is illegal...I guess. I don't konw...Tongue Tied

    It is NOT illegal. 

    Try not commenting on things if you have no idea what you're talking about.

  • imageThomas0725:
    This is illegal...I guess. I don't konw...Tongue Tied
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