Legal Question in Employment Law in California

new employer changed my salary w/o discussing

i transfered to a different department

within the same company. i was told

my salary would be 60k a year, but

after checking my bank statement

after a month of working there, i

found i was making approximately

47k. i discussed the issue with my

manager and HR, but they weren't

very helpful.

according to HR, although the

company recruiter and i had an oral

agreement, he goofed and the

company shouldnt be held liable.

from my understanding, he's a

representative of the company and

we made an oral agreement (i never

signed a contract since i was a

transfer). i was never told about the

salary change (although they

acknowledged that he was suppose

to tell me before my start date, but

failed to do so..). i have sense moved

(closer to my job) so my rent has

increased and i've made financial

obligations that im not capable of

completing because they reflect my

pay increase (the 60k i believed i was

making). according to HR, my

options are to stay at my current job

and agree to the 47k, have my old

job back although the position

might've already been filled, or look

elsewhere...

can anyone give me some advice?

HR also said that our oral agreement

wasn't binding..


Asked on 6/16/08, 8:28 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: new employer changed my salary w/o discussing

Whether or not your employer's recruiter was an agent authorized to enter into an employment contract with you, is a question of fact, which is not presented in your statement. Some agents are authorized to enter into contracts. And oral contracts can be binding, though they often are more difficult to prove than are written ones.

But the real problem you have is that an employer can change the terms of the contract upon notice. So let's say they short changed you for one pay period. They realized an error was made and told you that from here on out, you will be paid at a lower rate. Unless you can prove your oral agreement was for a fixed period of time (i.e. for one year), the employer can change it from pay period to pay period.

So, at best, you could be suing your employer for the pay differential for one pay period. Is it worth it? Only you can decide that.

If you wish to pursue this, you should consult with an experienced employment law attorney in your area, to review the facts and your realistic options.

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Answered on 6/17/08, 4:49 pm


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