Legal Question in Employment Law in Massachusetts

Paycut

Is it illegal for an employer to cut your pay? What 'landmark cases' have there been reguarding unemployment elegibility reguarding an employer leaving for a cut in pay?


Asked on 11/25/98, 7:31 am

1 Answer from Attorneys

Thomas Workman Law Offices of Thomas Workman

Re: Paycut

The answer depends on other factors. For example, did you have a contract with the employer? Did that contract specify what you would be paid? Was the pay cut below the wages specified in the contract? If so, the employer broke the contract. If the employer was regulated by state or Federal law, perhaps he "broke" a law, but that depends on who the employer is, and what the law says.

As to unemployment, an ex-employee is eligible for unemployment insurance if he was discharged from employment through no fault of his own. If your employer said he would no longer pay you, then it is clear that you have been discharged. If he cuts your pay five cents a week, and you quit without another job, then most courts would find that you were not discharged, and not eligible for unemployment. Your situation is probably in the middle somewhere, and an attorney can help you see if you have an appeal for unemployment benefits (there is a time deadline for you to appeal, so see an attorney soon).

Your situation could cost you a lot of money, and I advise you to get legal advice from an attorney in your area. What I have provided is a framework for discussion with your attorney, and not legal advice. To obtain legal advice, you must sit down with an attorney and explore the details of who your employer was, what the employment arrangement was, and how you came to leave your employment.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street


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Answered on 1/07/99, 11:54 am


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