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Ely
Ely, Counselor at Law
Category: California Employment Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If I have made an error on an employee's hourly salary and

Customer Question

If I have made an error on an employee's hourly salary and it has gone on for a few months, is it ok for me to adjust the hourly back to where it should be. I would not take away what has already been paid. I want to make sure before I change her hourly that it appropriate to do so.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will. A full time employee
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: California Employment Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Of course. By having made a mistake, one can adjust it. Assuming that there is nothing in writing that allows the employee the higher wage, it is not illegal to adjust the payment to what it should have been. The employee does is not legally entitled to a higher, mistaken payment going forward just because they have been benefiting from that mistake for a bit.

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