Legal Question in Business Law in California

Salary
When hired the director of HR quoted me a salary over the phone. He later called back to say he had miss calculated and my actual pay was slightly higher than he first quoted. My first paycheck came and based on actual pay it is $10,000.00 less than what I was quoted. When my supervisor asked why the discrepancy the HR director denied ever quoting me my starting salary over the phone (my husband was sitting next to me when he called making out a budget based on this call). What recourse do I have? I have since learned this is not the first time this sort of thing has happened at this company.

Asked on 5/16/07, 11:38 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Salary

It's a tough spot to be in. You can sue for the short pay in small claims court, but you'd probably have to quit or be fired, or at least be stuck in a dead-end position. Did you really get shorted? Remember that in an initial pay period there may be fewer hours (or a fraction of a pay period since it's a salary), and maybe some deductions. If this is a pattern, and you can prove it, you might want to talk to a tough lawyer abount a civil RICO action. (RICO = racketeer-influenced and corrupt organizations).

Answered on 5/17/07, 10:48 am

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