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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116716
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is it legal for a boss to change your salary when they feel

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Is it legal for a boss to change your salary when they feel like it; per an email message?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Do you have a written contract of employment setting your salary?
Customer: replied 3 years ago.

I signed one with him several years ago.I'm not sure if I still have my copy of it; but there is one on file at the office.


Since that time he has changed my salary without any notification last year in November and now again by email .

Thank you for your response.

If you have a written contract for employment, then it depends on the wording of that contract as to whether or not your salary can be changed and how it can be changed. You need to get a copy of the contract to determine that part, but let us presume the term of the contract was not specified or the contract stated it was at will for now since you do not know what the contract states.

If the contract stated it was at will, or if the contract did not have a fixed term and in that case it is presumed to be only for a year and can be modified after that, then the salary can be changed with ADVANCE NOTICE to the employee before the employee works for that pay. The law does not specify what type of notice must be given in advance of changing the salary, it can be verbal or written, but it still must be given before the employee works any time at the new pay rate.

Thus, if the employer sent you an email notice of changing your pay, if you were at will or your contract expired, this is permissible under the Fair Labor Standards Act and wage laws. If the employer changed your salary without notice to you at all in advance of you working, then you have 2 years from that date of change to file a wage claim either in court or with the Department of Labor Wage and Hour Division and they can force the employer to pay you back pay for the time when they never gave you any type of notice of the salary change.

Again, if there is a written contract for a specified period of time, then the salary change would be based on the wording of that contract and generally would not be allowed until that contract expired and if they did make a change contrary to the wording of the contract it would be considered breach of contract and in Ohio you have 15 years from the date of the breach to sue for breach of contract.

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Customer: replied 3 years ago.

Thank you!Kisstitle="Kiss"/>

You are most welcome. Thank you.