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Old 02-26-2014, 04:36 PM   #1
mls1556
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Reclassifying from Hourly to Salary

My wife works in Indiana as a nurse. She has been working hourly for 10-years. Exceptional work record. The hospital just re-classified her job from hourly to salary. Her boss instantly (nearly doubled) her workload and there is no way she can get it done. The reclassification happen a couple of weeks ago and she has since been reprimanded twice for not getting everything done. Any recourse here other that finding a new job. Does she have to accept the salary position? If she refused is that her quitting or her being laid-off? If laid-off is it too late to do so now? She never consented... they just did it. Is receiving unemployment still an option? I know if you were an hourly person and your boss said your going to work twice the time with the same pay that would not go well.
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Old 02-26-2014, 08:07 PM   #2
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Default Re: Reclassifying from Hourly to Salary

Unless she is covered by a CBA or other contract the employer can change her status at any time with no notice.

If she is unable to keep up with the workload she should probably seek other employment. She would not be eligible for unemployment for quitting.
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Old 02-27-2014, 08:35 PM   #3
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Unhappy Re: Reclassifying from Hourly to Salary

Thank you. Not the answer I had hope for but the one I expected. Have a good day.
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Old 02-28-2014, 02:07 AM   #4
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Default Re: Reclassifying from Hourly to Salary

When you feel your rights as an employee have been violated because someone does not like you, this is considered discrimination and must be addressed. While your company's human resources department may be able to assist you. Speak with a lawyer.
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Old 02-28-2014, 03:21 PM   #5
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Default Re: Reclassifying from Hourly to Salary

Quote:
Originally Posted by mls1556 View Post
My wife works in Indiana as a nurse. She has been working hourly for 10-years. Exceptional work record. The hospital just re-classified her job from hourly to salary. Her boss instantly (nearly doubled) her workload and there is no way she can get it done. The reclassification happen a couple of weeks ago and she has since been reprimanded twice for not getting everything done. Any recourse here other that finding a new job. Does she have to accept the salary position? If she refused is that her quitting or her being laid-off? If laid-off is it too late to do so now? She never consented... they just did it. Is receiving unemployment still an option? I know if you were an hourly person and your boss said your going to work twice the time with the same pay that would not go well.
By reclassifying her she no longer is covered by the Fair Labor Standards Act which would mandate among other things being paid time and a half for overtime, too.

She needs to look for another position. Nurses are in demand everywhere so she should have no problem finding a more reasonable position.
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