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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118773
Experience:  20+ Years of Employment Law Experience
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I have been doing a job that I was not hired to do for

Customer Question

I have been doing a job that I was not hired to do for almost 5 mos. that a high wage welder foreman or QC personal is suppose to be doing which is testing welders on a large construction project. They have been telling me that they are going to pay but have not. I've also been informed that they would have to pay me back wages. I feel I'm being strung along so that I'll get frustrated & maybe quit. It a non-union company based out of Houston, Tx but working in Oklahoma
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are not a union employee and are not on a prevailing wage contract, do you have a contract of employment with them?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
You haven't answered my question
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Please give us time to type, we are working with multiple customers all of whom deserve the same time as you do. Thank you for your cooperation and understanding.
Unfortunately, because you are neither under a written contract or on a prevailing wage job, you are simply an at will employee. What that means is the employer does not have to legally pay you more and can insist you do whatever job they need you to do. If you refuse they could terminate you for refusing to work, regardless of your claims about paying you more for doing a more experienced job.
So you have no legal basis to file any legal claims over this and this is simply a matter that you have to negotiate pay with the employer, since under at will employment pay is between the employer and employee absent a written contract or prevailing wage law being involved.