Legal Question in Employment Law in California

Pay reduction

My employer has cut my pay by more than 20% without notifying me. I have auto deposit and did not notice that their deposits were short $875 per pay period, which is twice each month since 8/15/05. To date,I have been shorted $3,500.00.

Is this legal for them to?


Asked on 10/05/05, 4:55 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Pay reduction

An employer may lawfully decrease pay, just as it may increase pay, but it must do so upon notice to you. (This assumes you do not have a contract that sets your rate of pay for a fixed period of time.)

You should check with your employer's human resource department and find out the reason why your pay was reduced and how notice was provided. If their response is unsatisfactory, try to get them to agree to reimburse you for the difference. If that fails, you may file a claim with the California Labor Commissioner for all money due to you or see an employment law attorney to discuss your options.

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Answered on 10/06/05, 4:52 pm
Scott Linden Scott H. Linden, Esq.

Re: Pay reduction

Pending other agreements, not without proper notice.

Here are some important questions that may give better direction to attacking your issue:

Does the company have an employee handbook? Did you sign an employment agreement? Have they done anything similar to other employees? How does the company handle promotions and demotions? Were you provided ANYTHING in writing? What does the company respond when you question them about this? (and did they respond in writing?)

If you'd like, feel free to contact me to discuss the matter in better detail (and complete confidentiality). The contact information provided by LawGuru is correct, and I can also be contacted at http://www.RulesOfEmployment.com

Scott

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Answered on 10/06/05, 6:57 pm
Terry A. Nelson Nelson & Lawless

Re: Pay reduction

Illegal? Probably not. But, you may have rights to collect the unpaid amounts if you weren't told of the reduction. You can file a claim with the Labor Commisssioner, or you could have an attorney write a letter to see if you can get paid without the delay and expense of hearings and litigation. Contact me if interested in doing this right.

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Answered on 10/10/05, 3:17 pm


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