Legal Question in Employment Law in Florida
Salary Compensation
I employment was recently terminated. I was hired, and have a contract stating a salary of $45,000 a year. My employer is now trying to switch my pay to hourly since I was terminated. They are claiming that I only worked 18 hours the last week I was employeed. This is hugely false, and there is no clock in or out procedure. Nor is there a sign in or out procedure. I need to be compensated for time worked. What do I do?
3 Answers from Attorneys
Re: Salary Compensation
Employers sometimes think they can get away with changing the terms of your employment after they let you go. If you started the week with the understanding that you were working for an annual salary of $45k, there is a binding agreement that you are entitled to that amount. Even if the contract says they can change your salary to hourly without notice, this does not mean they can do so retroactively.
Unfortunately, the US Dept of Labor, which enforces the minimum wage and overtime laws (among others) will not get involved so long as you were paid minimum wage. Therefore, you are left to bringing a claim on your own behalf, or finding a lawyer who will pursue a claim which involves less than $2000.
The claim is one for back wages and you would be entitled to attorneys fees if you prevail. This could act as incentive to a lawyer to help you with the case.
Re: Salary Compensation
Need to see the terms of your contract to see if you have a claim against them.
Re: Salary Compensation
Need to see the terms of your contract to see if you have a claim against them.
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.
