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INFOLAWYER, Attorney
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Can an employer change your salary without notice from salary

Resolved Question:

Can an employer change your salary without notice from salary to hourly. If you miss from being sick and they do not offer sick time can they not pay you for any time at all if they consider you salary. We have a letter from the company telling us what his yearly salary will be with vehicle allowance. Can can they tax vehicle allowances and show it as income.
Submitted: 6 years ago.
Category: Legal
Expert:  INFOLAWYER replied 6 years ago.
Can an employer change your salary without notice from salary to hourly.
NOTICE NEEDS TO BE GIVEN OF THE CHANGE BUT IT CAN BE DONE


If you miss from being sick and they do not offer sick time can they not pay you for any time at all if they consider you salary.
YES BUT YOU SHOULD BE ON NOTICE OF THE POLICY


We have a letter from the company telling us what his yearly salary will be with vehicle allowance. Can can they tax vehicle allowances and show it as income.
YES
Customer: replied 6 years ago.
Does the notice need to written or verbally? Can they change it week by week and do they have to give you a notice everytime.
Expert:  INFOLAWYER replied 6 years ago.
It can be orally and there are no specific rules as long as you are aware and it is consistently applied to all and with company policy.
Customer: replied 6 years ago.

What if they never did it verbally or orally, we only knew when he got his check stub. At other times when he was out they paid him for the entire week but it appears that they picked and choose when to pay him hourly.

 

The vehicle allowance was part of the deal in going to work there and the owner talked to him because the company was in the red and said that they were going to take vehicle allowance away from everyone. Well they took it away from him but not all other employees. Then when he went and spoke to the owner about it and it added up to about $2600.00 the owner decided to give him $1000.00 in cash and now that is showing up on his salary as other, not vehicle allowance. They still owe him $1600.00 does he have any recourse in getting the remainder of his money.

 

He is longer employeed with this company but would like to get the remainder of his money.

Expert:  INFOLAWYER replied 6 years ago.
If they changed your pay without notice, you can file a claim with the labor department to get your old pay.

To get the remainder he should first also alert the labor department and see if it can collect it or otherwise sue in small claims court.

Customer: replied 6 years ago.
I am looking at the letter he received when offered this position and the letter indicated that his salary would be $1000.00 per week and the position is listed as a salaried exempt employee. In addition to your weekly salary base, they would provide monthly auto allowance of $400.00 and gas upon approval. Also they mislead him into believing that they had 401K and other benefits which was not true. They increased his salary to $65,000 per year with the vehicle allowance (which was never received). I guess we were under the impression that they could not tax vehicle allowance.
Expert:  INFOLAWYER replied 6 years ago.
You can use this in your complaint with the labor department and a private suit. As income though, it would be taxable but you are best further confirming with an accountant. If it an expense reimbursement it would not be. Please accept my answer.
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50928
Experience: Licensed attorney helping individuals and businesses
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