Legal Question in Employment Law in Florida

Final paycheck reduced hourly rate

I left my position w/o giving two weeks notice and my employer lowered my hourly pay rate by more than two dollars an hour on my last paycheck(70 hours). I had already worked these hours and was not told about the change until i picked up my check the next week. Do I have the right to this money and how would I approach them?


Asked on 2/23/01, 3:39 pm

1 Answer from Attorneys

Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: Final paycheck reduced hourly rate

I will assume the 70 hours is for two weeks pay. (If it is for only one week you may have a sizeable overtime claim under the Fair Labor Standards act,)

Reducing your rate of pay after you have performed the work is a breach of your employment agreement to work for the specified amount. The employer can unilateraly change the rate, but not after the fact.

If there is proof that he changed the rate after you earned it, you could have a claim for breach of contract for the unpaid amount, plus costs and attorney's fees.

You are the better judge of how to approach them, but you wont get it unless you demand it. Document everything.

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Answered on 4/05/01, 9:23 am


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