Can my employer cut my pay without my consent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer cut my pay without my consent?
I’ve had 3 pay cuts in the last 10 years and have lost my health benefits. I haven’t had a raise in 14 years. My employer cut my pay 8% a month ago and told me he would fire me if I talked about it with any of my fellow employees. Can he legally do this?
Asked on April 4, 2012 under Employment Labor Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you employer may do this. Employers do not need employee consent to cut their pay or benefits--employers have, except as set forth below, complete discretion over employee compensation and may reduce it at all. An employer can also make it a term or condition of employment that compensation not be disclosed or discussed, and terminate an employee who violates that rule.
There are exceptions:
1) If you have an employment contract, it is enforceable--therefore, if your contract sets your compensation, you must be paid as per the contract.
2) You cannot be targetted for a pay cut because of a protected characteristic--that is, for example, you cannot have you pay cut because of your race, religion, age over 40, sex, or disability.
But apart from the above, your employer can cut your pay.
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.