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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17248
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I was hired full time by a home health company as a speech

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I was hired full time by a home health company as a speech therapist. I left a very good stable job to take this position. I was offered 50$ Per speech therapy visit with guaranteed 25 visits or more per week. When I started they only had two visits for the week and agreed to compensate my pay for 1 month but then said full time was only 20 visits. Meaning they were short changing me 5 visits each week for the month. The following month they only had 4 visits for me and agreed to compensate pay for one more month. My manager again reassured me they would have enough visits for me the following month. I'm now in my third month and only have 4 visits for the week - again I was promised 25 when they offered me the job. They are refusing to compensate again so I am now essentially without an income. Do I have any justification to peruse legal action. I was hired under false pretenses and left a very good job because I was promised more pay.

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

Were any of the terms written into a contract?

wallstreetfighter :

Are you a 1099 contractor or w2 employee?

Customer: In my job offer it states full time employee 25 visits or more per week
Customer: W2 employee
wallstreetfighter :

As a w2 employee with a written contract, you can sue the employer for a breach of contract for them not compensating as per the contract terms,

wallstreetfighter :

as well as a detrimental reliance lawsuit,

wallstreetfighter :

which is when an employee is induced by false promises to leave a prior employer,

wallstreetfighter :

and when they leave, the employee to their detriment suffered financial loss,

wallstreetfighter :

You will need an employment attorney to do this and it is possible,

wallstreetfighter :

I would start by sending a letter from an attorney threatening legal action,

wallstreetfighter :

and if they do not settle consider a lawsuit,

Customer: What would be a reasonable settlement.?
wallstreetfighter :

your expected salary as per the contract,

wallstreetfighter :

so if you were promised 25 patients, you should be paid for that amount,

Customer: Is their job offer letter considered a contract?
wallstreetfighter :

it could be if it is detailed enough,

wallstreetfighter :

it it states that the terms could change at anytime,

wallstreetfighter :

or have some disclaimers it may not be enforced,

wallstreetfighter :

however a detrimental reliance lawsuit would still be possible,

wallstreetfighter :

Many offer letters say, “This is subject to the company’s right to amend its policies with or without notice to you.” If your offer letter did say that, and you accepted that offer letter with those “subject to” words in it, then the changes in policies regarding vacation and termination notice you describe may very well be deemed to have amended your agreement with your employer. You must carefully read your offer letter.

Customer: For the last two moths I've been paid for 20 visits per week vs 25 promised. Should I ask to be paid the extra 5 visits per week at 50$ for the last two months. Now I basically have no income so is it reasonable to ask for a severance pay. Also this is bad but I can not locate my offer letter. Can I ask their HR dept for copy?
wallstreetfighter :

I would aks for a copy before anything,

wallstreetfighter :

and then consider asking for the 25 hours,

wallstreetfighter :

It is reasonable to ask for severance pay, however, I would threaten legal action so you have some leverage to ask for a severance,

Customer: Should I contact attorney first or threaten to do so. Ugh. I am so upset to have been put in this situation
wallstreetfighter :

I would have an attorney review your offer letter, and agreement,

wallstreetfighter :

and have them send the letter,

Customer: Ok. Thanks
wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, thank you

wallstreetfighter :

Thank you

wallstreetfighter :

if you have any further questions please do not hesitate to ask.

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