Legal Question in Employment Law in Georgia
I was working from home as a statutory employee (I live in Georgia, company in Florida); been with the company for 5 years. At time of offer, I signed an offer letter stating rate of pay - sometime within 6 months the rate of pay was cut without any conversation, any new offer/contract, and without notice; I just happened to notice in on a subsequent checkstub (didn't receive stubs consistently). I did inquire as to why my rate was different that I had orginially been offered and had actually been paid for a while and was told that they could not afford to pay me that rate on those accounts. I let it go, continued working, but did bring it up time to time over the years, but it was never addressed. Now, I have been let go because they "have no where to put me/low volumes/loss of accounts." Can I have demand receipt of the difference in pay from my offer/contract amount 5 years ago and the amount they arbitrarily began paying me sometime later? Is it too late since I continued working even after catching the change (Note they never discussed this with me, never notified me, again, I just happened to catch it on a random checkstub)?
1 Answer from Attorneys
You certainly have a problem in the time that has passed, but it is not enough that you get an "offer" for a certain amount. An enforceable contract generally requires a contract for a certain rate, and for a certain time period. Does your letter guarantee you a certain rate for a period of time, or even any job at all for any period of time? Otherwise, pay can generally be cut at any time, down to minimum wage.