Legal Question in Employment Law in California
Pay check received at new (increased) salary can they take it back ?
Within the past month the original company I worked for has changed hands. The new Company gave offer letters stating salary, position, etc. I didn't receive a letter but was informed by my supervisor and HR that my position, salary, benifits, etc were guaranteed. Also per their HR online benifit enrollment I was quoted an annual salary that seems to be higher than other peers in the dept. I questioned HR and my supervisor and was told I would be paid what was shown in my employee profile (which I printed out).
Question: if after receiving a paycheck they decide to change my salary can they ask for the difference to be paid back ? What time period should I wait before cashing my paycheck ? I have questioned my increase (ie: Are you sure that is my correct salary) and was told not to worry that it was in fact correct.
2 Answers from Attorneys
Re: Pay check received at new (increased) salary can they take it back ?
Cash your check.
Re: Pay check received at new (increased) salary can they take it back ?
If the company representatives agreed to pay you a certain amount for your labor, a contract was formed for that pay period and you should not have to pay the amount back they claim was in error. Keep all of your notes and documents to support your contention.
The employer does have the right to change the terms and conditions of employment, upon notice. This cannot apply retroactively, however.
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