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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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An email was sent to me on 10/14/15 stating my hourly pay

Customer Question

An email was sent to me on 10/14/15 stating my hourly pay was being reduced; effective immidiately.
Due to ongoing issues with an office email conversion I never receiced this email. My email was down from 10/6/15-10/28/15.
After calling my bank on 11/6/15, I realized my paycheck was significantly less. I called my boss on 11/6/15 at which time he notified me an email had been sent on 10/14/15. He was aware of the email issues experienced in the office. I informed him I never received the email and he forwarded the email to me on 11/7/15. Considering this email was not received until 11/7/15, am I entitled to the higher hourly rate until 11/7/15? He actually did my hourly pay cut retroactive to 10/4/15. (Original email never receiced was sent 10/14) Thank you for your assistance.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

An employer may not reduce an employee's pay until that employee is informed of the reduction. Here, there is a factual question as to when you were informed. Ultimately, you would bear the proof in proving that you never received the email, but since the Labor Commissioner heavily favors employees in wage disputes, there is a decent chance you could prevail on this issue. Therefore, your recourse here would be to file a wage claim with the Department of Labor Standards Enforcement. The DLSE will investigate and attempt to mediate a resolution. That not forthcoming, they will hold a hearing and issue an award in your favor if they find cause.

Now, as to whether that process is worth undergoing for the amount in controversy, especially considering the inevitable harm you will be doing to your employment relationship, is for you to decide. It depends how much money you stand to recover, how long you plan to continue working for this company, and how willing you are to invest time into the wage claim process.

I hope that you find this information helpful.

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