Is there anything that says when your promoted to Supervisor should you get higher pay? Paid hourly 40 hrs week. In NB.

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Customer: Is there anything that says when your promoted to Supervisor should you get higher pay ?
JA: Is this an hourly or salaried position? How many hours each week?
Customer: Paid hourly 40 hrs week
JA: Where are you located? Wage-and-hour laws vary by state.
Customer: In NB
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just that I was promoted 8 months ago
Answered by Debra in 5 mins 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Thanks
Customer
Can't really afford it
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

Are you in a union?

Customer
No
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Debra, Expert

There is no law law that says you need to get higher pay when you're promoted but you don't have to accept the promotion if you're not going to get higher pay.

If they require you to take this promotion and don't give you a higher pay than this would be a case of constructive dismissal.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.
If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.
If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.
Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.
Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.
At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

Does that help as a starting point?

Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Thank you very much!

Best wishes,

Debra

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