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Can wage decrease be done retroactively? Texas

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  • Can wage decrease be done retroactively? Texas

    I was hired by a company to open and run a new office in SC. The company is based out of TX. I hired employees, trained and cross-trained employees, all while managing out of state projects and travelling every week. I got along great with the guy who hired me and I worked with him on several projects. Another manager, and relative of this family-owned business, was a different matter. We did not get along, he was rude and abrasive. My boss sent a letter to me back in August stating that because I had another employee doing most of the scheduling, that it was "clear" he was now the office manager and I was doing mostly project management, so they were changing my duties and reducing my pay. I had 40 minutes to accept their offer. As I needed the job, I sent back a letter agreeing to the change but requested a document outlining the clear delineation of duties between the guy they were promoting and my new responsibilities. I knew the manager who hired me did not agree with what was being done, but being part of a company-owned business, he did not have a choice. I never received the document and the company never reduced my pay. I assumed that my reporting manager was delaying the paperwork because he didn't agree. In the meantime, I found another opportunity and turned in my notice. I worked my notice and when it came time for my final check, I was shocked! Apparently, when they went to do my termination paperwork, they realized they never decreased my pay. So they went back 10 weeks and took out the difference from my final paycheck. Can they do this? I am much much happier in my new position as this former company is seriously a hostile work environment, and if not, this is just one more reason I made the right choice.

  • #2
    File a claim with the TWC for the difference. The company may argue that they meant to reduce your pay immediately upon telling you off the change, but they made a "clerical mistakes". It either works or it doesn't. Seeing as you don't work there any more, you have nothing to lose by filing the claim.
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