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I was given a promotion and raise as a supervisor and when…

I was given a...

I was given a promotion and raise as a supervisor and when the company restructured its pay scale, my supervisor pay was not included in the restructure. I was never notified that I would lose that and want to know if they owe me this money.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Not a union, full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I retired from the company August, 2016

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Answered in 10 minutes by:
10/31/2017
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,568
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

In employment, all of the terms of our employment are "at will" unless you have a contract stating otherwise. That means that ones pay can be altered at any time, with or without cause. There is no requirement for notice far in advance or a discussion to be had, but you do have to be made aware of the change before you work hours expecting a different rate of pay.

In this case, the most they would owe you is any week of pay that you received, where you had worked thinking it was at the older rate of pay. Once you received the new rate of pay, that could be considered notice of the change and from that point forward it would be legally changed.

So, if you have a two week pay period, that's really the most that you can know you'd be able to sue for reasonably (and just the difference between what you were paid and what you thought you'd be paid.

Now, all of this could be a mistake and if you send them a demand letter first, asking them to correct it, it is possible that they will pay it all out (I don't know what you've already tried).

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 8 months ago
to clarify this in my mind...they gave me a promotion and $1 over scale to be a supervisor, in writing. But when they restructured the pay scale, they did not have to notify me that I would not be paid $1 over the new pay scale? Even though the supervisors in my department that were already on the higher scale were being paid $1 over? I have not taken any action, I wanted to find out first if this was something I should pursue.
Customer reply replied 8 months ago
when I received my first paycheck at the new scale, that would be considered notice of change?

Yes, it is something that you should pursue, but you have to understand that a pay change in writing is not a contract. It doesn't guarantee that rate forever. Once you received the first paycheck at the new scale, then that would be considered notice of that change.

The fact that other supervisor's were making more makes it seem more like an error though than a conscious decision to reduce your pay. This is why you should pursue it. However, that fact alone doesn't make you entitled to the pay for the entire time. Just because others are being paid more, that doesn't legally entitle one to that pay.

Really, it all comes down to their intent or lack of intent. This case would be decided based on internal emails and testimony, and because that it unpredictable, it could go either way. I would consider small claims court, if the amount in question is small enough.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,568
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 8 months ago
Ok thank you for your help.
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