What do you expect a lawyer to be able to do?

Tom

Hi, Im not quite sure what you mean?

Find a breach in the contract. They can't cut my salary that drastically without reason. The fact of the matter is I have delivered quality work until now, on time like my peers. And I am the most qualified there.

They can fire you for any reason they like, or for no reason at all.

Tom

and in the contract, read the paragraph that includes the probationary period clause........

But you signed and accepted the pay cut. You didn't fight it. Legally (and I am of course no expert) I would say that you don't have a leg to stand on unless they literally forced you to sign?

They seem to think differently and you accepted the deal?

Not fully true. They always have to give a reason upon request - OR 335 Abs 2.

Depending on reason given, there may be a case for indemnification. Very unlikely though as most companies knows how to navigate this.

I replied to this post. :-) They can't force you to take a pay cut if you didn't change positions e.g. you went from a software developer position to an assistant&secretary job or something. I doubt that there are companies that would risk doing this silly stuff - if they wanted to cut costs they'd simply fire you.

I believe in being honest and open in interviews. But I have found out over the years that your honesty can be detrimental to you.

I think that leaving right after the probation period will raise questions for the prospective employers. Thye might question your loyalty and perseverance if you don't have a good excuse. But if you tell them about the pay cut, they might think you were not good enough for the job and undeserving of the 100K rather than the fact that the employer was trying to exploit you. Don't you think so?

After years of interview experience I would personally try to disclose as little as possible about the company and myself. Try to find a reason that would sound good for you without representing the company in a bad light.

Also, before going to a lawyer, can you not go higher up in the hierarchy and talk to them? Talk to your manager's manager for example. Maybe they have decency enough to question your manager's behaviour? I wouldn't go to the HR as they tend to be useless in protecting the employees and the HR person was there anyway.

But if you decide to escalate this, be ready to face the same attitude up in the hierarchy to save yourself more heartache.

Furthermore, the employer must follow the correct procedures. In the OP's case, the legally mandated notice period (7 days) for termination of current contract, followed by a new contract at the lower rate. Failure to do this can make the employer liable for contract breach.

Most companies know how to do this, but not all managers do.

Never go over your manager as this will mean you can kiss goodbye to your job. These decisions are always agreed in advance with senior managers. I wouldn’t keep an employee who goes over my head. Remember, that your manager can can sack you anytime and this is legally protected in Switzerland without having to give you any severance package. Welcome to Switzerland, you’ve just been Switzerlanded.

'We have no money due to xxx' is a reason.

Tom

I don't think this is "going over your manager". This is "escalating". How can he be sure the decisions are agreed in advance with senior managers without escalating it? Maybe the manager is telling one story to the guy and another to his superior?

If nothing is ever escalated in a company, how can problems with resolved? I think if you, as manager are treating people unfairly, you should fully expect people to go over your head and firing someone who you think is "going over your head" is certainly not fair.

I do agree that escalating might mean the end of his employment there but surely it is a better alternative to involving a lawyer?

Assuming that you have one.

The last time that I had a manager was 40 years ago at McDonalds.

Tom

....and it's been downhill ever since ?

Are you really that insecure?

The fact that the HR was involved in the process is a pretty big clue that this is done above board.

Nothing to do with insecurity, but once someone goes over your head, then it it obvious that there is no longer any mutual relationship left and the Senior execs will always side with the manager unless he is doing something that is illegal.

The most important relation you have at work is with your immediate line manager. Once that is broken then kiss the job goodbye.

Sounds like the guy is worth no where near the salary he got given at the start, his employers worked this out and cut his salary.


Choices are limited :


1) Accept
2) Leave