Legal Question in Employment Law in Georgia

I work for Kroger Co. in Roswell, GA. When I first began I found out that I was only being paid $7.25 an hour. My skill and former experience as a cake decorator would allow me to work for another company at a much higher rate. So, I tried to quit. So I would not quit, they offered me a position as the Bakery Manager at a rate of $14.65 an hour. I accepted. When my first check arrived at what should of been at the manager rate, it was not. It was still at the $7.25 rate. They then decided to do a "cash advance" from the till for the other half promised to me. They said retro pay would be on the corrected paycheck and I would pay the till back using this retro money. This went on from 6-11-10 to 8-6-10. Every Friday the paychecks would come in, my check would still not be at the correct rate and they would pay 1/2 out of the till. (less than 1/2 actually 70%, to cover themselves on taxes. My gross should of been $586, and between the average printed check of $240-$250 and the $207 and some change they would pay out of the till I've only been grossing like $460.00, so some of that retro pay is mine!) So, last Friday August 13th, 2010, my paycheck came in wrong again and I went looking for the other half of my paycheck. Store management informed me that they had received an email that stated thy were no longer aloud to give cash advances out. So I didn't get half my paycheck. Now, the original bakery manager is back from her maternity leave and they have given the position back to her. Kroger tells me that I am 'going' to be promoted to the bakery manager next week and that my pay will be fixed then... but that doesn't matter right now. Because they did not give me the rest of my paycheck, I could not pay for daycare this week, and now I can't work. They offered to let me work at night, so I don't lose my hours. I think that is rather lame solution to the predicament they have put me in. I call the Union, which I joined last Friday. My representative said he spoke to the store manager and heard of my promotion and that I needed to see how it plays out. From what I could gather it sounded to me as if someone dropped the ball, they did not go through the correct procedure to promote me. It sounded as if they were going to "erase" the fact that I worked as a bakery manger for these last couple of months, eat the $1200.00 and have me work for the $7.25 an (AT NIGHT) until I get promoted to the new store at which time I will "officially" be a manager and get the correct pay. So that means these last few months I've been doing all the duties of a manager and I will not be paid in full for what I did. I am not looking for a lawsuit, I just want what was promised to me and what is owed to me. In addition, I won't be able to even take that bakery manager position I'm supposed to get next week because I have to pay one month in advance for the after school programs for my children. That's $440.00! I don't want to lose my job and I feel I have huge opportunities coming up for me, but if I'm not paid what I'm owed right now, I'm not going to be able to work at all! I don't know where to turn. Any suggestion?


Asked on 8/16/10, 8:56 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

If you are believed you are owed wages and they will not pay, you can contact the state Dept. of Labor for assistance in getting paid. However, your descriptions of what happened is confusing, at best. If they say they are going to work it out next week, what do you think will change that for the next few days? You start off saying that you could get a better job. If so, why would you want to work for management you described?

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Answered on 8/21/10, 9:10 am


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