Legal Question in Employment Law in California
Hello...I worked for a private contractor and was getting paid a set weekly amount. I never had to clock in or clock out. I gave my 2 week notice. Upon receiving my final paycheck (late), my check was cut in half. They said they had the right to change it at anytime, and do not owe me money. I signed the employee handbook, inwhich it says this:
1.1 CHANGES IN POLICY
This Manual supersedes all previous employee manuals and memos that may have been issued from time to time on subjects covered in this Manual.
However, since our business and our organization are subject to change, we reserve the right to interpret, change, suspend, cancel, or dispute with or without notice all or any part of our policies, procedures, and benefits at any time. We will notify all employees of these changes. Changes will be effective on the dates determined by the Company, and after those dates all superseded policies will be null.
If you are uncertain about any policy or procedure, speak with your direct supervisor."
So can they legally do this? Without telling me? (Not to mention the day I gave in my notice, they offered me a raise)
2 Answers from Attorneys
No, they cannot. While it is true that employers can change an employees wage rate, at its discretion, it must do so upon notice to the employee and it cannot reduce a rate of pay retroactively. Nor can it pay you less than minimum wage or twice minimum wage if you are salaried.
The employer would have to say to you, "From this date forward, we are reducing your pay to $____. You can either accept it or leave". It would then be your choice to either accept the reduction in pay and continue working or to quit and find another job which may pay you more. But they cannot cut your pay without telling you in advance.
If you gave notice of quitting of 72 hours or more, you were owed your final check on your last day, including any earned and unused vacation or PTO (not sick leave.) If you did not get your full check (they can't deduct anything but taxes, etc. without your written authorization), you are owed one day's pay for each day you had to wait to be paid - up to 30 days and they have to pay your attorney to get what is owed to you. Call an employment law attorney to discuss. Many of us offer a free initial phone consultation. In addition, they must give reasonable notice before reducing your pay.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
