Legal Question in Employment Law in California

when getting my job offer with my new place of employment my company offered me $13.50 an hour. but when they sent me my written offer via an email pdf attatchment it stated $15 and hour. they are only paying me the $13.50 an hour. since the last point of contact concerning my pay was $15 and in written form rather than verbal form, are there any laws that would make them have to pay me the written amount


Asked on 10/20/11, 10:42 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The employment relationship is a contractual one. An employer offers to employ you at an agreed rate of pay and you either accept or reject that offer.

By your own admission, you were offered a rate of $13.50, which you apparently accepted and the employer followed up with that understanding by, in fact paying at the agreed rate. The email may have been an error on someone's part but it does not sound as though this was the correct rate you agreed to. If you try to take advantage of this by claiming you had an offer of $15.00 per hour and wish to hold the employer to that rate, at best, you might win a small battle but lose the war with your employer. At worst, you will lose the claim and your job, as well.

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Answered on 10/24/11, 10:42 am


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