Legal Question in Business Law in California

Written and verbal agreement regarding salary taken back

I was planning to leave this company and was then offered a higher position with much better pay so I decided to stay. This position and pay were documented verbally when the offer was made and in writing when submitted on the PAF form to be sent to the corporate offcie. I have a copy in my file also.

After accepting the job and salary offer, I found out a few weeks later that the President of the company would not authorize such an increase in salary, even though it had already been offered to me. So, they compromised what I had been making with what had been offered and met in the middle.

My main reason for staying with the company in the first place instead of accepting another job offer was the nice difference in salary. Then it was taken away through no fault of my own.

I have recently taken another job with another company. I have requested my employee file from the above mentioned company.

Can I sue in small claims court for the difference in what I was promised I would make and what they later decided they could afford? I feel the difference in monthly pay times the 5 months I continued to work there is fair.

Thank you for your help.


Asked on 2/10/02, 12:33 am

1 Answer from Attorneys
Wayne Smith Wayne V. R. Smith

Re: Written and verbal agreement regarding salary taken back

It seems you could,and you seem to have sufficient evidence of the new salary to justify the claim. But, given your circumstances, you may want to evaluate if you have a claim for a lot more - difference in salary times number of years you could have earned it. This is fairly complicated, and if you want to stay in small claims, their jurisdictional limit is $5,000 - and if you lose, you cannot appeal. Good luck.

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Answered on 2/10/02, 1:22 am


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