Can an employer drop pay for already worked hours?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer drop pay for already worked hours?
My girlfriend was a manager at Mcdonald’s. She quit a few weeks ago and today we went to pick up her last check, when we got there they had reduced the pay on the check to $8.30/hr but when she was working during that pay-period she was making $12/hr. It was presented to us that her pay had been dropped for quitting without notice. Where we live is obviously an
Asked on October 17, 2018 under Employment Labor Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Absent an employment contract or union agreement to the contrary, wages may be reduced at will but only for work not yet performed. A pay reduction cannot be made retroactively. Any decrease made after the fact is illegal. Your girlfriend can sue her employer for wages owed in small claims court or file a wage calim with your state's deparment of labor.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, they can't do this. Employee pay may be reduced at will (if there is no contract guarantying it) *from the announcment of the reduction forward*. However, the change is only effective from when it is announced onward. Prior to the announcment, all work is done at the then-in-effect rate: the rate the employee understood and agreed she was working. Your girlfriend can sue for the money taken from her; suing in small claims court, as her own attorney ("pro se") is a fast, cost-effective option.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.