Legal Question in Employment Law in New York

Wage reduction

My employer sent a letter to me stating that my full time salaried position has been changed to an hourly part time position (making less than I had made salaried), and also stating that this new pay reduction took affect two days prior. The letter stated that this decision was ''per my discussion with my superior''. I did not have any such discussion, and did not agree to a change in hours or pay, nor did I know for four days that I was making less than I had thought. Originally I had signed a pay agreement for my salary. Is this legal and if not how do i go about fighting it.


Asked on 2/05/04, 1:21 pm

2 Answers from Attorneys
Thomas Luz Pearce & Luz LLP

Re: Wage reduction

If your written agreement is for a set duration and provides for a certain salary, then the employer is bound to pay you that amount for the term of the contract. If it's open-ended, the contract is deemed "at will," meaning that you or the employer may terminate the arrangement at any time.

I would have to see the agreement to give you a better answer.

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Answered on 2/05/04, 2:19 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Wage reduction

If you have a signed agreement as per your salary, it is possible to argue that you have a contract. The issue then becomes the term of the contract. The first thing you should consider doing is to document by letter that no such discussion took place and that you never agreed to the salary reduction. It is a bit risky because they could terminate you. But if you beleive you have a valid contract,you could fight to be paid on it citing their breach.

There are 2 other alternatives: Accept the lower pay and keep working your job or find alternate employment.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 2/05/04, 4:51 pm


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