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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5687
Experience:  Exclusively practice labor and employment law.
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I was hired in a certain role with a certain pay rate - but

Customer Question

I was hired in a certain role with a certain pay rate - but a few days a month my employer schedules me to do a different role with a different pay rate - a job I never applied to or accepted. Is this legal?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: It's a serving job - Part Time I was originally Full Time but went down to Part Time hours
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I don't think so.
Submitted: 4 months ago.
Category: Employment Law
Expert:  John replied 4 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 4 months ago.

Assigning you two different work would be legal. However, assigning you a different wage rate without discussing that with you beforehand is a breach of contract. The law is that employers are at will and they can change the terms and conditions of your employment at any time for any reason, absent an illegal reason, however they cannot just change the terms of your pay and then after the fact tell you work for a lesser amount. Now with the change of duties, you know your duties are being changed before you do them so impliedly you agreed to the different duties but you never agreed to the different wage rate.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 4 months ago.
I do have a follow up question and where things may get tricky. I was hired as a Server making $5.00/hour + tips. However, on some nights, my management team schedules me as a Food Runner making $8.00/hour with NO tips. Although the hourly wage is higher - my gross income by the end of the night is significantly lower. Can they do this without asking me? Can they require me to work these shifts when I was not hired as a Food Runner but as a Server? If not, what is my recourse?
Expert:  John replied 4 months ago.

Can they do this without asking me? - No, it's a breach of contract. they can require you to do this, yes, because they can change the terms of your employment at will. It would be your choice to accept or reject that change - i.e., continue working or quit. Hope this answers your questions. Thanks.

Expert:  John replied 4 months ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.

Expert:  John replied 3 months ago.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.