Legal Question in Employment Law in Ohio
Pay cut on paycheck without being informed
I work for a drive thru carryout that has recently switched ownership, I received my first two checks at my normal rate of pay but this weeks check is at a lesser rate, when I questioned them about it they told me that since I had told them I was leaving they would not have to talk to me about taking a paycut--Can they legally cut my pay without talking to me first and having me sign any kind of document stating that I realize my pay will be cut?
1 Answer from Attorneys
Re: Pay cut on paycheck without being informed
An employer is not required to obtain anything in writing to modify the amount of compensation paid (for future work). However, it is required to pay you for work performed at the rate to which you and the employer agreed. Thus, if the employer retroactively reduced your wage rate, you have a claim for the difference between what you were paid and what you should have been paid prior to being notified of the pay cut.
Under Ohio Revised Code section 4113.15, if the additional wages you earned (again, for work performed before being notified of the pay cut) remain unpaid for 30 days beyond the regular pay day, in addition to recovering the upaid wages, you would also be entitled to recover an additional amount of 6% of the unpaid wages or $200, whichever is greater.
You do not indicate how much money is at issue, but if it is $3000 or less, you can file suit in small claims court in the city in which the employer is located (no attorney needed).
The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.