Legal Question in Employment Law in Pennsylvania

Employment Agreement

My future wife has just received and offer from a new company as a nurse. She had a written letter on letterhead from the company that was signed by the Operations Manager, stating her new salary, benefits and vacations. She accepted the job. She found out 2 weeks after she started that her pay was much lower than agreed upon. She spoke to the operations manager and he said that the new salary had not been approved by the Vice President even though she had a formal letter stating salary benefits etc. After 3 weeks of working at the facility they are trying to negotiate a lower salary level with less benefits. There is no reason for a lower salary except that the VP must of not known the salary that the Operations Manager had formally given to her. She has only been in training for the last 3 weeks. There reason was, was that they don't offer Assistant Director of Nurses this much salary.

Does she have any legal right that the Rehab Center must honor their formal agreement ?

They are trying to negotiate all kinds of bonuses etc to give her the money this year but not for several months and next years salary would be considerably lower.

Please Advise.

Thanks.

--name removed--Brumbaugh


Asked on 1/30/07, 1:07 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Employment Agreement

State Law will be somewhat different between NY and PA but in most States:

1) the Department of Labor will investigate and support an employee in your

future wife's position; 2)if she feels the salary differential in any way

is the result of discrimination from gender or age, race etc then the she should file a report with the EEOC.

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Answered on 1/31/07, 6:22 pm
Jason Stern Law Offices of Jason Stern

Re: Employment Agreement

Based on your explanation, your fiancee has a reasonable expectation to get paid at the salary agreed to by the parties. That said, New York is an at-will state and therefore, the company could terminate her for any non-discriminatory reason.

You should consult with an attorney to help you handle this delicate situation.

Good luck!

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Answered on 1/30/07, 3:27 pm


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