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  • confusion Iowa

    I have had my current employment since April. In this day and age, I feel I have to be TERRBILY careful what I complain about, as I am LUCKY to have a jobn, BUT.... my employer is telling me that I was hired at a rate of pay too high for my job, and that they are going to have cut my rate of pay. Can they do that? My "hiring mgr" said that I was worth every penny and if it were up to her, she would let me keep it, but it is out of her hands....

    What, if anything, can I do about this? Should I seek out my own personal lawyer? How do I handle this?

  • #2
    Short of a bona fide employment contract, under wage and hour law, the employer can reduce your pay at any time, as long as the decrease is not retroactive. It's not impossible that what the hiring manager told you the rate would be would constitute a contract, but it's VERY unlikely.

    In this case, if a simple mistake was made, it would perhaps be possible for the employer to recover the difference (not a sure thing), but it doesn't sound like they are proposing that.

    Of course you can consult an employment law attorney to discuss whether what the hiring manager told you was indeed a contract, but I wouldn't be optimistic. One of the reasons why it's a good idea for all employment offers to come from HR.

    Sorry, I understand this is probably not the answer you wanted to hear.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      you are right to a point that it is not what I wanted to hear, BUT I am glad to know they are not being SHADY, and taking advantage of the economy being what it is, to do wrong to the 'little guy'. thank you for your time.... have a GREAT rest of the weekend!!

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      • #4
        Just to add to Patty's correct answer; short of a legally binding and enforceable contract, LEGALLY all you are ever owed by law is the higher of state or Federal minimum wage for each hours worked, plus overtime at time and a half your current regular rate for any hours over 40 in a week. Pay decreases are not inherently illegal.

        It's a bad economy and a lot of employers are resorting to pay or benefit decreases in lieu of layoffs. Even if a mistake was not made, they could legally reduce your pay as long as they don't make it retroactive and don't reduce it past minimum wage.

        Not a lot of fun, I know. But legal.
        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.

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        • #5
          The above assumes you are a non-exempt employee. The answer would be
          some different if you were exempt.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            True, and good point.

            But just to make sure the poster knows up front, it would still be legal to decrease her pay; it's just that the parameters would differ slightly.
            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.

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            • #7
              Originally posted by cbg View Post
              But just to make sure the poster knows up front, it would still be legal to decrease her pay; it's just that the parameters would differ slightly.
              Agree/concur. Betty3
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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