Legal Question in Employment Law in Washington

Pay raise, than decrease

On jan. 3 2004 I received a a letter from my employer stating I would receive a wage increase from 10.80 to 11.50. I received this increase for 1 month.

After 1 month my employer told me there was a mistake in my wage increase and has since lowered my wage and charged me for the past �over pay�.

Do I have any legal grounds to reclaim my wage increase and/or �over pay�.

I still have the letter on company letterhead stating my old rate, the new rate, and the effective date.

David


Asked on 2/07/04, 2:35 pm

2 Answers from Attorneys

Craig Crispin Crispin Employment Lawyers

Re: Pay raise, than decrease

If you are given a wage rate, and you perform work under that wage rate, you are entitled to be paid at the "new" rate. Once the employer notifies you that a new and different (or in this case a lower rate) applies, the employer can legally pay you only the lower rate. What the employer cannot do is lower your wage after you have performed work at that wage.

In an employment at will employment, each day is like a new work contract. You go to work in exchange for the wages the employer promises to pay for that day. The employer can change that rate the next day, if it chooses, and you have the choice of working for the different rate or not. Once you perform work under wages you have been promised, the employer cannot take the wage entitlement away from you legally.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 2/07/04, 11:37 pm
Matthew King Wershow & Ritter, Inc. P.S.

Re: Pay raise, than decrease

Washington is an at-will state. This means that the employer can terminate most employees without cause. However, once the employer has promised you a wage, they must pay you that wage. Once they decide to decrease that wage, they can pay you that decreased wage. I do not belive that they can seek a refund. You should contact a competent plaintiff's employment attorney in your locality to deal with this issue.

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Answered on 2/09/04, 10:37 am


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