Hello,

I received a raise at the beginning of the fiscal year. I received a salary memorandum from the agency's executive director and my paychecks since then have reflected the change.

A few days ago, my supervisor informed me (in person, not in writing) that the raise I had been given was an "accident." He told me that my pay would go back to what it was originally. I looked at the paycheck I had received the day before, and sure enough, it was back to the original pay rate; my supervisor had informed me of the change AFTER it had been made.

Is this illegal? Does a salary memorandum act as a contract?

Thank you!

Virginia: An employer can reduce an employee's pay so long as the reduction does not fall below minimum wage. The employer must notify the employee, in writing, of the reduced pay before being allowed or required to perform work. The employee has the right to accept the reduced rate or quit.

Virginia: An employer can reduce an employee's pay so long as the reduction does not fall below minimum wage. The employer must notify the employee, in writing, of the reduced pay before being allowed or required to perform work. The employee has the right to accept the reduced rate or quit.

thanks for your reply. they did not inform me in writing -- is that a violation of labor laws?

What the lack of "reducing the decrease to a writing" MAY result in, is the requirement to pay the higher rate until such time as the writing is received. However, there is a "maybe" here.

Were you quoted XX.xx and paid a higher amount? Or were you quoted XX.xx, paid XX.xx, and now the employer is saying you should have been quoted and paid less than XX.xx ?

What the lack of "reducing the decrease to a writing" MAY result in, is the requirement to pay the higher rate until such time as the writing is received. However, there is a "maybe" here.

Were you quoted XX.xx and paid a higher amount? Or were you quoted XX.xx, paid XX.xx, and now the employer is saying you should have been quoted and paid less than XX.xx ?

when i got a raise -- i was quoted XX.xx, paid XX.xx, and now the employer is saying that the quote/pay was a mistake/accident and that my pay will go back to what it was originally. they didn't tell me this until the pay rate had been changed back to the original rate for the previous 2 weeks of work.

You can certainly try filing a claim with the state DOL for the period during which the decrease was not communicated. It may work, it may not. However, the employer is also allowed to correct mistakes.