If employees vote to accept a wage cut . . .

[nextwife]

What is the name of your state (only U.S. law)? (WI or elsewhere)

. . . to prevent their company from following through on threats of possible move out of state or shutdown, is the paycut "voluntary"?

As a local employer holds a vote today, I am wondering if "agreeing" to a pay cut to keep one's job from leaving is a voluntary reduction in pay, or if one can modify child support in such a scenario?

 

[stealth2]

Interesting question, and I suspect it may depend on the particular judge. While I'm not one (though I'd like to play one on tv!), I would likely at least entertain the idea that it warrants a reduction in CS... After all, the alternative is no job at all!

 

[Ohiogal]

What is the name of your state (only U.S. law)? (WI or elsewhere)

. . . to prevent their company from following through on threats of possible move out of state or shutdown, is the paycut "voluntary"?

As a local employer holds a vote today, I am wondering if "agreeing" to a pay cut to keep one's job from leaving is a voluntary reduction in pay, or if one can modify child support in such a scenario?

Around here it would not be considered a voluntary cut in pay.

 

[ecmst12]

I find that very unlikely. Where is "here"?

 

[Mass_Shyster]

We will all be happy to know that the moderators are in the process of vetting Mr. retired judge here.

Did Mr. "I am rubber - you are glue" really claim to be a retired judge?

To the original question, wouldn't the answer depend on how the individual voted? If employee was lone vote against pay cut, how could pay cut be considered voluntary.

Are individual votes made public?

 

[mistoffolees]

Are individual votes made public?

Typically not - at least in the similar cases I've seen.

So even if ex wanted to claim that it was voluntary, there would be no evidence to support that.

But I agree with Ohiogal. Ex made a choice between no job at all and a cut in pay. I recently had to do the same thing - and, believe me, it's not voluntary.

The only exception I could see is if the pay cut were so deep as to be unreasonable and the person could easily find another job somewhere else at a much higher salary - but that doesn't seem likely.

 

[cbg]

Is this a union situation?

 

[CJane]

It would, however, be in the employee's best interests to first consider that a "small" pay cut may not have any effect at all in the child support amount ordered, and even if it had SOME effect, that potential reduction may not balance out the cost of filing for a reduction if the litigation becomes protracted.

 

[LdiJ]

Typically not - at least in the similar cases I've seen.

So even if ex wanted to claim that it was voluntary, there would be no evidence to support that.

But I agree with Ohiogal. Ex made a choice between no job at all and a cut in pay. I recently had to do the same thing - and, believe me, it's not voluntary.

The only exception I could see is if the pay cut were so deep as to be unreasonable and the person could easily find another job somewhere else at a much higher salary - but that doesn't seem likely.

I agree with Misto and OG. It would be highly unlikely that something like that could be considered voluntary in front of a judge.

I remember a situation that appeared even more "voluntary" than that one in my area. The Ford plant basically shut completely down, and then re-hired some of its former employees at a greatly reduced pay rate. One of them was the husband of a collegue and he wasn't treated as a voluntary cut in pay in court.

 

[justalayman]

. . . to prevent their company from following through on threats of possible move out of state or shutdown, is the paycut "voluntary"?

not really. It is an extorted pay cut.

here is a good definition for this use of voluntary:

: acting or done of one's own free will without valuable consideration or legal obligation

 

[Ohiogal]

I find that very unlikely. Where is "here"?

here is Ohio. I am confused. Am I missing a post?

 

[my life is mine]

I can tell you what happen in my area when a Sailor had an involuntary pay cut.

Sailor did XYZ and had to go to Captains Mast, his actions were not enough to release him from the military, but enough, that the Captain reduced his rank, which was a large income loss. His child support was set the year before and he took it to court because he wished a reduction. The Judge did not reduced his child support at all, he said because of Sailors actions, he voluntarily received a reduction in pay.

 

[LdiJ]

I can tell you what happen in my area when a Sailor had an involuntary pay cut.

Sailor did XYZ and had to go to Captains Mast, his actions were not enough to release him from the military, but enough, that the Captain reduced his rank, which was a large income loss. His child support was set the year before and he took it to court because he wished a reduction. The Judge did not reduced his child support at all, he said because of Sailors actions, he voluntarily received a reduction in pay.

I would agree with the judge because I would consider that to be voluntary. He chose to commit XYZ, and obviously knew it could/would get him in trouble and possibly reduce his rank.

Its the same with getting fired for cause.

 

[ecmst12]

Sorry OG, I was referring to a post from "super litigator" which has either been reported or deleted now. He said that if the employee quit rather then accepting a pay cut, they could get unemployment. Which is very unlikely to be true, since the UC thinks it's better to be earning SOME money then no money, and will pay partial benefits after a significant pay cut a lot sooner then they will pay full benefits for someone who just quit.

And I agree with LD about the sailor, getting demoted due to misconduct is not the same as taking a pay cut in lieu of a layoff due to lack of business at work, through no fault of the employee's.

 

[my life is mine]

I don't disagree with Judge either, it was just to show what can happen.