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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4823
Experience:  Extensive experience representing employees and management
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I have recently began having problems at work. I recently became

Resolved Question:

I have recently began having problems at work. I recently became 18 years old in October. I began working at the restaurant during high school as a part time. Before I turned 18 the management team asked me if i wanted to become a manager, of course I said yes. One of the managers had told me before I was 18 that I would be paid 12.00 an hour. I agreed. When I turned 18 I had to go through a process of certification as a new manager. It took me 1 month to become certified, I was told I would not recieve my pay raise until I was certified. I am now certified and I asked about my raise and the same manager told me it would be 11.00 an hour. I was upset, besides that I am not getting the hours all the other managers get. It's as if i were a part time manager or something, above that, some days I am working the register like in high school. I have noticed that when I am scheduled as any other position I get paid like if I was not a manager. I get paid 8.00. I believe this is totally unfair and some what of a scam. Considering everyone expects me to perform the duties of a manager. I mean I cant wear the manager uniform one day and not the next. Specially since I am expected to manage the restaurant no matter what. I feel this is fraudulent. I have tried discussing the topic with the managers and it's like a taboo subject. They get really upset when I ask, its like if i was asking for something I don't deserve. I would like to know if what they are doing is legal, I don't mind working the register but whenever I do my pay is different. Please, I would like to know if what they are doing is legal. I have tried asking for the district managers phone number to see if i can speak to her. But they always tell me they are not allowed to give me her number.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Did you receive the promise from your employer that you would be paid $12.00 an hour in writing?

Did you turn down other suitable offers of employment because of the employer's promise to pay you that amount?
Customer: replied 1 year ago.

No. we did not have a written agreement. And no i have not turned down any offers due to this agreement.

Expert:  Joseph replied 1 year ago.
Hello Christian,

Unfortunately if you didn't have a contract in place with your employer that guaranteed you a certain wage, or you didn't rely on the promise to your detriment by turning down offers of employment, you would not be entitled to any recovery against your employer for breach of contract.

This is due to the fact, that as an at-will employee, ther terms and conditions (and the wage you receive) of your employment can be changed at any time for any reason (or none at all) with or without any prior notice.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

Also unfortunately, there is nothing illegal about your employer paying you one wage
when you are doing 'managerial' activities and another wage while you are working on
the register.

Unfortunately, while your employer's actions are unethical and unfair they are not illegal.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and
honest answer to your question.
Joseph, Lawyer
Satisfied Customers: 4823
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you

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