Legal Question in Employment Law in New York
Salary decrease
My wife has been working at a senior care facility. She is an LPN and was told she was hired at the wrong rate of pay.
It is a $3.00 per hour difference. She is now being paid the lower rate after getting paid the higher rate for 10 months. She signed a letter which had the incorrect rate on it which was on the facilities letterhead. Does she have any recourse?
2 Answers from Attorneys
Re: Salary decrease
The answer depends on a variety of factors. Did your wife sign any type of employment agreement? If so, what does it say about the length of her employment and salary? What did she sign to accept the higher rate of pay? Look for a document that would be a legal contract to enforce against the company that would make them responsible for paying her the higher wage for a set length of time. After all, they prepared the documents and she relied on the company information when accepting the position, and if it offered a higher rate of pay, the Company should have to live with it.
On the other hand, if the company could otherwise terminate her at will, and could simply fire her to get out of the obligation, then you have to rethink whether it is worth it to stay with the job at a lower rate of pay.
Gather all documents signed and distributed at hiring and consult an attorney for complete and accurate advice.
Re: Salary decrease
Maybe. If the offering letter constituted a term contract it's possible that she is entitled to the higher rate. Perhaps if she is represented by a union.
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