Announcement

Collapse
No announcement yet.

pay rate error & retro pay Tennessee

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • pay rate error & retro pay Tennessee

    I work as a group fitness instructor for a fitness club in east TN. The pay rate I was promised in September 07 was not actually applied until April 08. I was hired at $15 a class, and after completing the CPR/1st Aid training (the club sponsored the training) I was promised a $3 raise to $18. I have email correspondence assuring me that my pay rate had been adjusted. The CPR trainer did not send the CPR cards to the club until January 08. In April when I discovered that my rate of pay had never been changed, the club corrected the rate begining April and gave me retro pay for February and March (because they received the cards in January.) I reminded them of the email and they said, too bad, it was my responsibility to keep on top of things and they would not retro my pay back to September even though they promised it to me. So, in light of this and the fact the club don't always distriubt pay check stubs (direct deposit,) do they have the right to refuse my retro pay?

  • #2
    A verbal agreement may or may not be an enforceable contract. And though I don't understand employers who don't provide pay stubs, it would seem to me pretty easy to determine when the change was (or wasn't) made. You teach XX classes at $15 is one amount; you teach XX at $18, that's a different amount.

    You can try filing a claim with the state Dept. of Labor. Maybe it works, maybe it doesn't. If it doesn't, you can try filing a small claims action; maybe that works, maybe it doesn't.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      sucessfully received retro pay

      I sent the fitness club an email saying that I spoke with the Inspector for the Tennessee Department of Labor and Workforce Development, Labor Standards Division in Knoxville. I told them that the Inspector agreed with me that it is unlawful for an employer to misrepresent wages, and that I was entitled to file a claim: Title 50-2-101 (b), Title 50-2-104, and Title 50-2-204. The Wage Regulations Act ensures an employee the right to wages legally owed; failure to pay an agreed amount entitles an employee to file a claim, in which case the Inspector would audit the employer’s entire payroll system! However, I told the fitness club I preferred to settle this matter, start a new relationship, and return to teaching yoga. I told them that they may feel they have good reasons for withholding my monies, but their reasons are not legally defensible against the above Titles. So, the good news is that they decided to pay me everything they owed me, it was directed deposited into my account in June's pay. I am extremely happy about this! I haven’t approached them yet about returning to the schedule, but for now, I am happy. This is Good News!

      Comment


      • #4
        Glad it worked out for you, and you didn't burn bridges. In this job market, jobs are hard to come by.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

        Working...
        X