Hi, I need help because I have never sought out legal advice or help like this
I've worked with my current company in Utah (not going to say the name of the company because I'm really nervous) for almost 3 years. I was hired for an entry-level position with them, and I worked my way up to a higher position with better pay.
My job is very interesting in that it offers a cool “Rotation opportunity” where departments that need extra help can pull employees from other departments for that help they need (an employee agrees to do so beforehand, of course). The “rotation” often lasts for a couple months at a time–usually 3-6 months with the intention that the employee would be pivoted back to their regular department. It's promoted as a great way to give us experience in other work areas. You agree to do this rotation for the same pay you are getting in your current department, and the potential to maybe even get a job in that department you're helping with. There are no legal documents that you sign, or any official agreements that are made. It is a said-and-done thing.
I decided to take advantage of this opportunity and go for a rotation where I'd help out the HR department. The position I'm helping out with pays permanent employees of that position 3-4$ more per hour than what I am currently being paid. This obviously bothered me a lot in the past because I was doing the same amount of work as everyone else on the HR team (permanent HR employees), but I decided to wait it out to see if any opportunities would come up where they would consider me a permanent part of the team.
….
…this was last November. It's been a year since they brought me on the team. My rotation was supposed to end back in March of this year (3 months in), then June (6 months in), and now it is November again. I am still being paid the same wage.
They now they intend to send me BACK to my original position, because I notified my boss that I may be moving to Portland, OR, and they just announced that started January 1st all of HR will need to be in-office at least 3 days a week, which I wouldn't be able to do if I move. So now I'm considering not moving just to keep this (temporary) job..
I am at an unfair advantage here, because I've been out of my previous position for so long that I cannot perform the position to my previous abilities, and I can be fired for not performing well. I feel like I have been used for uncompensated labor with the promise of potentially receiving a job. My rotation should have ended 3-6 months in. Is it even legal for them to continue to not compensate me properly after this long? Like I said there were no written agreements in all of this. I feel like my job situation is so unstable right now, and I have zero control over it…
TL;DR
Last November, my job offered me an opportunity to temporarily help with a different department for the same pay rate I'm getting in my current department. It was intended for me to only be helping them for 3-6 months. I have been helping for a year now. There were no signed agreements, and I was given a false hope that I could potentially receive a permanent position in this role. A permanent employee of this position makes about 3-4$ more than I do. Now my supervisors want to send me back to my old position, but I no longer have the skills to perform the job like I did before. I am afraid to lose my job, and I feel like I have been working for free. The labor this position requires is a lot more tedious than my previous position at the company.