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  • pay cut!!!!! Florida

    ok this is messed up i work for (deleted by moderator) non profit organation and all but they told us you will be getting 40 hrs a week and 8 hr then last friday didnt tell any of us that we was getting pay cuts we went from 8hr to 7.40 hr we all was so upset i am a paralegal and all so i am going the next step well thats all i know what to do about it. I went to the manager and you know what she told me that we was all suppose to get 7.40 hr and they couldnt afford to pay 8 hr and also she said she wanted to try the 8 hr to see if they can do it what a crock i mean do i have stupid on my forehead hell no well talk to you later
    Dawn
    Last edited by cbg; 11-27-2007, 08:18 PM.

  • #2
    Was there a question in that huge sentence?
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      No, it took me a few times rereading this to understand, but, to put it in legible form.... (what paralegal cannot create a sentence with proper grammar, spelling, punctuation and form?)

      She was told she would work 40 hours per week, at the pay rate of $8.00/hr. It turns out that she is working for $7.40/hr.

      Still don't think there is any recourse, assuming she was asking for advice to begin with and not just ranting.
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

      Comment


      • #4
        Cutting hours or cutting pay rate? Both are legal. This ultimately is an internal matter that OP will need to address with the boss.

        I agree advance notice is preferable.

        Comment


        • #5
          In Florida advance notice of a pay cut is NOT required. Unfortunate and unfair, I agree, but legal nonetheless.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            sorry

            Yes i am a paralegal cant give legal advice i wasnt using alot of good grammer and spelling or anything like that was because when your pissed and upset you tend to ramble and all yes i got a pay cut my starting pay was 8.oo hr then they changed it on me to 7.40 and i was just making sure the laws in florida didnt change i was told before that it was illegal to do that but anyways how do i get a hold of op. what paralegal cannot create a sentence with proper grammar, spelling, punctuation and form?) well with this comment like i said when your upset things come out wrong and no one is perfect everyone makes mistakes with things like these . so what should i do i need advice thanks for understanding Dawn
            Last edited by DAWN143; 01-12-2007, 04:22 PM.

            Comment


            • #7
              Originally posted by DAWN143 View Post
              Yes i am a paralegal cant give legal advice i wasnt using alot of good grammer and spelling or anything like that was because when your pissed and upset you tend to ramble and all yes i got a pay cut my starting pay was 8.oo hr then they changed it on me to 7.40 and i was just making sure the laws in florida didnt change i was told before that it was illegal to do that but anyways how do i get a hold of op. what paralegal cannot create a sentence with proper grammar, spelling, punctuation and form?) well with this comment like i said when your upset things come out wrong and no one is perfect everyone makes mistakes with things like these . so what should i do i need advice thanks for understanding Dawn
              You either accept the pay cut or find another job. Nothing illegal has occured.

              OP means original poster (you).
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #8
                Originally posted by joec
                No they cant just cut your pay it sounds like a breach of oral contract. Since the amount is small you would have a difficult time getting an attorney,you can try. Maybe call legal aid.
                JoeC
                And that is incorrect. Florida law does not require advance notice before cutting pay.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  Please show where there was any type of contract. Her manager tried to get the pay to $8.00, it couldn't be done. I highly doubt that everybody is covered by a blanket "oral contract". It wasn't only her pay that was cut, it was everybody's. Everybody is being paid $7.40/hr.
                  HOOK 'EM HORNS!!!
                  How do you catch a very rare rabbit?
                  (unique up on him)
                  How do catch an ordinary rabbit?
                  (same way)

                  Comment


                  • #10
                    Originally posted by joec
                    Well you would be incorrect. Most contracts are oral,I go into a restaurant order an $8.00 meal. I have to pay the $8.00 the menu says. I cant tell the waitress sorry I only bought $7.40.
                    I did not sign a contract prior to placings the order. Yet its enforceable. It's real simple a promise is a promise.
                    JoeC
                    Hmmm, but 1) ordering a meal and paying the price listed in the restaurant's menu has absolutely no corelation to employment law (in fact, the only contract would be if you paid with a credit card and signed the slip which states that you agree that you will pay the listed amount), 2) the price is WRITTEN on the menu. If you don't like the price of the meal, you have the same options as the OP. You can either pay it and enjoy your burger, or you can go elsewhere.

                    That argument would not hold up in court if you tried to relate it to this OP's situation, and you know it.

                    Show me the actual official statute, phrase, or clause that says a manager telling her employees that she will get them $8.00 and hour, but upper management shoots her down and tells her the pay is $7.40 is an "oral contract". If she had a written contract, the answer would be different. But, as she has not said she has a binding contract, it's not.

                    Another thing...in her original post, she states "all but they told us we would get 40 hrs at $8/hr." So, even if your argument would hold up, the fact is that they may have never actually come out and told her they would get that amount. They may have hinted, they may have said, "I'm going to talk to the powers that be and see what I can do", they may have said, "you deserve $8"...but according to her post, they never ACTUALLY said that. She very easily could have inferred that information from the conversation. (read the first 2 lines of her original post.)
                    Last edited by mommyof4; 01-12-2007, 06:05 PM.
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment


                    • #11
                      Originally posted by joec
                      If you don't understand a simple analogy,your not going to understand an actual official statute, phrase, or clause. However let me try again under basic contract law.
                      An employment contract (even "at-will") are formed when the following three elements occur,offer acceptance and consideration.
                      The offeror (Employer) extends an offer the offeree (employee) accepts the offer.To form the contract the offeror,and the offeree must agree on the same terms,and conditions at the same time.This is called "mutual assent"
                      In the O.Ps case it is very simple work "at-will" for $8.00 an hour neither offeror or offeree can change the terms once they have been set.
                      Mutual assent has occurred the employees work or promise to work is adequate consideration for the employers promise to pay a certain wage.
                      The O.P can not go into petty cash at the end of the week pull out $40.and say I thought $8.00 an hour was not enough so i just raised my salary $1.00 an hour likewise,the employer can not arbitrarily change the terms.

                      JoeC
                      As you chose to be insulting instead of proving your point, there is nothing more to discuss. I will take your response as your admittance that you cannot support your point.

                      Oh, I understood your "analogy" perfectly. It was you that chose to compare two completely unrelatable topics.

                      According to FL law, the employer can do just that. There is no contract. Have a nice night.

                      And, after rereading the thread...I have to wonder exactly why you completely contradicted yourself. You specifically said you "conquer" (I interprent that to be "concur") with Robb71's post #6 (your reply is post #7). It is exactly what I told her, yet when I said it, you decided the information was wrong.
                      Last edited by mommyof4; 01-12-2007, 06:57 PM.
                      HOOK 'EM HORNS!!!
                      How do you catch a very rare rabbit?
                      (unique up on him)
                      How do catch an ordinary rabbit?
                      (same way)

                      Comment


                      • #12
                        Originally posted by joec
                        Show me the law in Florida that says you can breach a contract. Your bringing a lot tongue to the table,not much else.
                        JoeC
                        Show me a contract. And explain your discrepancy in posts on the same thread.
                        HOOK 'EM HORNS!!!
                        How do you catch a very rare rabbit?
                        (unique up on him)
                        How do catch an ordinary rabbit?
                        (same way)

                        Comment


                        • #13
                          Joe, I'm not going to get into an argument about contract law with you. If the poster wants to hire an attorney to claim breach of contract for the amount of money being described, she is free to do so.

                          However, under EMPLOYMENT LAW, which is what we are here to discuss, I have been advised by more than one poster that the FL Department of Workplace Innovation, which functions as the state DOL in FL, says that they will not pursue a claim of retroactive pay cuts since it is not forbidden under Florida law.

                          And I would appreciate it if you would cease insulting the other posters.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            Originally posted by mommyof4 View Post
                            Hmmm, but 1) ordering a meal and paying the price listed in the restaurant's menu has absolutely no corelation to employment law (in fact, the only contract would be if you paid with a credit card and signed the slip which states that you agree that you will pay the listed amount), 2) the price is WRITTEN on the menu. If you don't like the price of the meal, you have the same options as the OP. You can either pay it and enjoy your burger, or you can go elsewhere.

                            That argument would not hold up in court if you tried to relate it to this OP's situation, and you know it.

                            Show me the actual official statute, phrase, or clause that says a manager telling her employees that she will get them $8.00 and hour, but upper management shoots her down and tells her the pay is $7.40 is an "oral contract". If she had a written contract, the answer would be different. But, as she has not said she has a binding contract, it's not.

                            Another thing...in her original post, she states "all but they told us we would get 40 hrs at $8/hr." So, even if your argument would hold up, the fact is that they may have never actually come out and told her they would get that amount. They may have hinted, they may have said, "I'm going to talk to the powers that be and see what I can do", they may have said, "you deserve $8"...but according to her post, they never ACTUALLY said that. She very easily could have inferred that information from the conversation. (read the first 2 lines of her original post.)
                            I would think if they said starting Monday your pay would be cut, it would be ok. But if they stated that starting now or before the moment they told you that their pay would be cut, it would then be a problem. Because, in reality, they could just fire everyone and start over... Seen that one done 10 years ago at a place I worked. Everyone needed to re-apply for their jobs.

                            Comment


                            • #15
                              The Judge understand s simple contract law you should have your answer fairly quickly.
                              That answer will be, "case dismissed" as there wasn't ever a contract.
                              Somedays you're the windshield and somedays you're the bug.

                              Comment

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