Legal Question in Employment Law in New York
is it legally possiable for a employer to pay an employee 51 weeks of pay, between the period of january 1,2011 thru december 31,2011 when you work 52 weeks of the year . im not talking about a new employee that could have a weeks pay held back. im talking about someone who has been on the job for 11 years aways worked 52 weeks of the year and always got paid for 52 weeks. the begining of this year my employer wants to change my payroll week,so in this procsess they print me out what my new payroll year of 2011 will be, it shows me getting 51 weeks pay out of 52 weeks worked in that year,with only 3 weeks pay in january. is this even legally possiable.if i add my gross pay up from january 1,2010 thru december 31 2010 and then add my pay up for the year of 2011 im making less money in 2011 then i made in 2010 and if i add up what the difference betwween the two years is, it comes out to exeactly a weeks pay. please help.i cant even get anyone on my job to listen to me and im running out of time.
1 Answer from Attorneys
Your employer cannot legally fail to pay you for a week, but in your case, it sounds more like a simple pay cut. If you're a salaried employee in New York, then your employer may legally cut your pay so long as it is not done so for a discriminatory reason.
If you believe that you are being discriminated against or being forced out, you should speak with a severance attorney or discrimination expert.
SeveranceAttorney.com is a good place to start.
Good luck!
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