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Fired and salary reduced to mimimum wage North Carolina

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  • Fired and salary reduced to mimimum wage North Carolina

    I recently accepted a position in a retail store as a manager. I was offered $15 per hr. I was fired, from the same position, after two weeks (to be noted I still do not know or understand the real reason of why I was fired) without any wrong doing on my part.

    Three days before being fired I was required to attend a work related two-day training. The company was to pay half of the $1000 cost and I was to pay back $25 per paycheck, for the remaining total of $500. I was required to sign a agreement of repayment after the training was completed, not before. The agreement also stated that if employment ended I would be responsible for the additional $500 that would decrease in increments of $100 each month.

    When I received my first and only paycheck, from the company, there was a deduction of $741.86. I was given two seperate reasons for the deduction. First, that it was for the training class. Second, I was told it was the difference between $15 per hr and mimimum wage. I worked 87.5 hrs and my check was $245.

    My questions: Is this situation legal? Do I have any recourse? Can a employer really get away with something such as this?
    spaologist
    Junior Member
    Last edited by spaologist; 05-24-2009, 07:16 PM. Reason: spell check

  • #2
    Your rate cannot be reduced for hours already worked; notice must be given BEFORE the hours are worked. And even if you HAD been given such notice (even in an employee handbook, for example), deductions "for the benefit of the employer" cannot take you below minimum wage. Since they paid you at minimum wage, the deduction could not legally be taken.

    File a wage complaint with the state Dept. of Labor.
    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
      Thank you for your response

      I am still a bit confused. You state: "deductions "for the benefit of the employer" cannot take you below minimum wage. Since they paid you at minimum wage, the deduction could not legally be taken."

      You say deductions cannot take me "below" minimum wage and then you say it is not legal to pay me "at" minimum wage. They paid me "at" minimum wage, not "below" minimum. Is "at" minimum wage still illegal?

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      • #4
        Originally posted by spaologist View Post
        I am still a bit confused. You state: "deductions "for the benefit of the employer" cannot take you below minimum wage. Since they paid you at minimum wage, the deduction could not legally be taken."

        You say deductions cannot take me "below" minimum wage and then you say it is not legal to pay me "at" minimum wage. They paid me "at" minimum wage, not "below" minimum. Is "at" minimum wage still illegal?
        What I'm saying is that, since they DID pay you at minimum wage, legally or illegally, the deduction could not be taken.

        Now, if you win your complaint, the employer will have to pay the difference between your regular stated rate and the minimum wage. At that point, since you did sign an authorization for the deduction, the deduction could be taken from that difference, to the extent that you receive at least minimum wage.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Agreed with what Patty said. I am including a pointer to the federal deduction rules. The deduction rules can never be less favorable to the employee then the federal rules. Some states have rules that are more favorable.
          http://www.dol.gov/esa/whd/regs/compliance/whdfs16.pdf

          Notification rules about changing pay rates (should any exist) would be state law specific. Your state is not my state, so I have no opinion on what type of notice (if any) NC requires on rate changes. Or what the NC deduction rules (if any) are.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment

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