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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I moved into a gher level position in my organization. HR

Customer Question

I moved into a higher level position in my organization. HR was not forthcoming about the pay, most likely because there are so many new people. It is a job requiring more hours 40 hours per week/12 months a year compared to 30 hours a week, 9 months. I was clear I could not take a pay cut; the negotiator agreed. By the time they offered me a contract, my old job was already filled. They placed me at a lower pay rate. Three weeks later they sent me a promissory note, saying I owed them $8600 for the difference between my old job and the new one. They began garnishing my wages next pay day. I am contesting this. Do I have any rights?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

In short, yes. The employer cannot reduce your rate of pay without first giving you written notice of the change. Moreover, they cannot without from your check for money they allege that you owe without giving your written notice and arguably an opportunity to contest what is claimed to be owed. Moreover, they cannot garnish wages (as in an order of garnishment) without a court order.

You have many issues here in which you can context what is going on with your employer. You need to contact the Department of Labor. If you feel as though this treatment is based upon discrimination based on your age, race, gender or disability, then you have a case for discrimination that can be filed with the EEOC.

As it stands right now, you certainly appear to have a valid complaint for unlawful business practices relative to the treatment that you have received.

Please rate my answer positively and let me know if you have any other questions or comments.


Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you had any additional questions. I want you to be as comfortable as possible moving forward. Thanks