Legal Question in Employment Law in California

Verbally agreed upon wage is now being changed

I accepted a temp to perm position with the full understanding that I would be paid a specific wage. Prior to my starting, my manager informed me of the wage amount and to which I agreed. Now after having worked for a week I am being told that they can not pay me the agreed upon amount and will lower my salary by nearly $10,000.00 annually. I would not have agreed to this salary and would not have worked for the past week at this wage. Since we had a verbal contract and there is also an email that I know exists between my boss and her superior approving the salary. What are my options? Isn't this illegal to revoke an offer after a person has already started? Please help! Thank you in advance.


Asked on 11/04/04, 2:52 am

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

Re: Verbally agreed upon wage is now being changed

Since employment is presumed to be "at-will", meaning there is no quarantee of continued employment unless there is a contract that states so, the employer has the legal right to change the terms of compensation at any time, upon notice. They cannot apply any changes retroactively, so your first week's pay must be at the agreed rate. But not subsequent paychecks.

If you could prove that the employer knew, at the time it offered you the job, it had no intention of paying you what it offered, to induce you to accept the job, at your detriment (for example, if you quit a job to take this one), you would have a basis for a fraud claim. These cases are often difficult to prove and a detailed analysis by an experienced employment law attorney would be necesary.

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Answered on 11/04/04, 7:57 pm


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