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singled out in Minnesota

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  • singled out in Minnesota

    My son has been working at a golf course every summer for four years. There is a group of boys that work there over the summers. This year, everyone got a $1 raise except my son. And everyone was "promoted" to do other jobs except my son. Now, it has been proven that this "boss" has something against my son. It is constantly being said that "She has it in for you" or "You're on her bad side". My son does an excellent job, goes out of his way to help and do more than he has to. All the other managers and superior's like him and even have gone to bat,so to speak, for him.
    Now, when my son's first check came, it had the $1 raise that every one else had. My son thought that she had changed her mind and gave him a raise also. Second check, $1 raise. He has been there for almost three months and she just pulled him into the office today and said that "payroll called and they "caught" the mistake and you will now get $1 less. And not only that but Human Services might want you to pay them back what they have over paid you."
    Can they do that? And can an employer single you out like that if she does not like you for some reason?
    He has also been doing the work the other guy's were promoted to. Being a ranger equals more pay and that is what he has been doing.(Until she demoted him of that too today)

  • #2
    Yes, if the boss does not like you for some reason it is legal, even if unfair, to single the employee out. The only exception would be if the reason the boss does not like you is due to your race, religion, national origin and so forth.

    They definitely can reduce his wage back to the way it was. Whether or not he can be required to pay the overpayment back is, in this particular circumstance, questionable. (In most cases if you are overpaid in error, you can most definitely be required to pay it back.) However, in this particular instance, where your son had a valid reason to assume that there was no error, it is POSSIBLE (by no means certain) that they may not be able to insist on the repayment. He should ask the state DOL that question.

    Barring a bona fide, enforceable contract that says otherwise, the ONLY circumstance in which an employer is required by law to give someone a raise, is if the employee is working at exactly minimum wage and minimum wage is raised by either your state legislature or an act of Congress.
    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.