Legal Question in Employment Law in California
Change of Salary without employee notification
I was hired to work at a set hourly rate at a hospital. While on a leave a absence the rate for nurse practitioners doing this job changed. When I returned I was never notified of the change. They continued to pay me the original rate in error. I didn't notice because I had no idea the rate had changed. After 4 months it was noticed and now they want to be paid back. If I had known that the rate had been lowered I would have worked at another hospital instead. I am on staff at another hospital that pays the higher rate and I split my time between both. Do I need to pay them back?
2 Answers from Attorneys
Re: Change of Salary without employee notification
If you are a union member, file a grievance. If not, you might talk to the State of California Employment Development Division (Labor Board). Without your consent, by reducing your salary, the hospital seems to have breached its agreement with you for compensation. Good luck!
Re: Change of Salary without employee notification
Unless the wage rate was bargained for through a union, the employer can legally change the rate of pay, upon notice to the affected employees. In your case, you say that you were never notified. In my opinion, unless the employer can prove they provided you with notice of the change, they cannot retroactively go back and make you repay the money. In fact, I think their continuing to pay you at the old rate is evidence that they knew you were not notified.
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