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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32010
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I was offered a position at a rate of $23.00 I received 4 paychecks

Resolved Question:

I was offered a position at a rate of $23.00 I received 4 paychecks at this rate,the Executive Director who offered me this position resigned from the Company. The corporate office Human resources person placed a telephone call to me telling me the rate I was hired in was too high for that position and they are going to reduce my rate to $20.00 per hour.

I received nothing in writing from them.

A new Executive Director came on board and called me in the office to inform me he was Lowering my rate. I had a discussion with him and told him I cannot be held responsible for that person mistake.

Shortly before my 90 days probation was completed he fired me and told me it was not working.
Do I have a violation of the labor law with what I have stated above.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.
Thank you for contacting Justanswer.com.

Did you have an employment contract for a term of years/months?
Customer: replied 3 years ago.
no
Expert:  Tina replied 3 years ago.
I see.

Without a contract of employment, you are normally an employee at will, which means either you or the employer can terminate the relationship without good cause and without notice.

Under this legal doctrine, the employer is also permitted to modify your terms of employment, including your wages without notice, but not retroactively.

So there is normally no legal basis to force the employer to continue paying you at the higher wage unfortunately. There are legally permitted to adjust your pay to correct their mistake. You can refuse the offer and terminate your employment typically but would not have grounds to sue the employer normally.

Good luck and take care.

Tina

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Tina, Attorney
Satisfied Customers: 32010
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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