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pay cut!!!!! Florida

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  • DAWN143
    started a topic pay cut!!!!! Florida

    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.

  • DontWannaLiveWithMama
    replied
    OOPS! I Didn't see that this thread was that old and didn't notice the 'Page 2' Shoot me.

    cbg, or mommyof4, I think I have a better (more straight forward) example, though it seems not to entirely match the OP's situation, however it would influance my willingness to ever move to Florida... lol!

    Bill goes to SuperMart and applies for a job. SuperMart tells him he can be a cashier and get paid $8.00/hour. Bill takes the job. On Bill's first paycheck, his hourly rate is only $7.40/hour.

    The above example is /seriously/ legal in Florida? Isn't that fraud?

    To the OP, how were you informed about being paid $8 an hour? Was this your hiring rate? Was this an announcement made to employees about a raise? Was this an off-hand comment by a manager? Was it stated as a certianty that you would get $8.00/hour on a 'going forward' basis?

    I dunno if the answer to any of these questions would change the answer cbg and mommyof4 are giving you, but it seems at least that those details are missing from your story to get a better idea of circumstances.
    Last edited by DontWannaLiveWithMama; 11-28-2007, 03:19 AM. Reason: I'm a dolt.

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  • cbg
    replied
    This thread is almost a year old. Please post your question in your own thread, with details please.

    Leave a comment:


  • Betty3
    replied
    Is there any reason why you posted to a thread from 1-07?

    Leave a comment:


  • bonitahi
    replied
    Originally posted by mommyof4 View Post
    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.
    mommyof4 says, "(what paralegal cannot create a sentence with proper grammar, spelling, punctuation and form?)."

    I guess any paralegal that gets paid $7.40 p/hr. is entitled to write as he/she wishes. I guess if she were getting $32.50 p/hr then you would have a legitimate query. But until then you might consider not being holier than tho.

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  • Betty3
    replied
    You added to a thread from 1-07 -- you will need to start your own thread with complete details of your "problem" along with your question(s). Thanks.

    Leave a comment:


  • gatorsrock2006
    replied
    pay cut

    Okay my son-in-law is having this same problem. can anyone tell me what recourse if any he has? And if he does where does he go or who does he contact? Thanks. and good luck in Orlando.

    Leave a comment:


  • DAWN143
    replied
    ok

    I didnt want an agrument and all was just saying and just telling you guys to watch out and all i went to the news stations and all i will get justice and get them to be aware that they cant do this and get away with it and also they are raising minium wage smiles and i got my advice from you guys and from my teacher that is a lawyer he said youcan change the laws by opening your mouth it is a weaponso use it for the good thanks all for your help and your advice

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  • mlane58
    replied
    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.

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  • demartian
    replied
    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.

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  • cbg
    replied
    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.

    Leave a comment:


  • mommyof4
    replied
    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.

    Leave a comment:


  • mommyof4
    replied
    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.

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  • mommyof4
    replied
    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.

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  • mommyof4
    replied
    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.

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