candles4free
07-18-2006, 07:40 PM
I think an employer can reduce the hourly wage on a last check (post volunutary termination without notice). However my employer want to retro the entire tow months of pay back to minimum wage and now says that I owe him money. :eek:
Can he deduct this from my checking account? :mad:
Is this even legal? I was working as a security guard for an hourly wage. However he had me sign (the first day) that if I did not complete the 90 days that he would do this. He calls it a draw (like how sales people are paid) :confused:
Pattymd
07-18-2006, 09:18 PM
He cannot "deduct" from your checking account (I'm assuming you had direct deposit). Under ACH regulations, he can only "call back" transfers in the exact amount originally deposited, and even that, only within 5 days after settlement (posting) date. And he cannot retro your pay back to minimum wage if such retro would bring your regular pay for the current pay period's hours below minimum wage.
It appears that you were notified that if you did not complete 90 days, your pay would be reduced to minimum wage, so the notification guideline has been met. Calling it a "draw" is stupid, because that isn't even close to what it is, but the semantics are really irrelevant. However, as I stated above, you must be paid at least minimum wage for the hours you worked. If he fails to do that, you can file a claim with the federal Dept. of Labor (Florida doesn't have wage payment laws of its own, so there is no enforcement jurisidiction there). However, the federal DOL will only enforce payment at the federal minimum wage, not the higher Florida minimum wage, but it's free.
You could also file in small claims court, including court costs and filing fees in the amount you claim at the Florida minimum wage, at the least.
Good luck.