What are my rights regarding notification of a wage decrease?
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What are my rights regarding notification of a wage decrease?
An email was sent to me about a month ago stating that my hourly pay was being reduced, effective immediately. Due to ongoing issues with an office email conversion I never received this email. After calling my bank last week, I realized that my paycheck was significantly less. I then called my boss at which time he notified me an email had been sent. He was aware of the email issues experienced in the office. I informed him I never received the email and he forwarded it to me. Considering this email was not received until about 3 weeks later, am I entitled to the higher hourly rate until that time?
Asked on November 23, 2015 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, unfortunately, you most likely would not be entitled to the higher wage, because your employer attempted to notify you. Just as notice would be effective if mailed to you, even if you did not receive the notice (e.g. if the letter was lost in the mail), if they attempted in good faith to use a reasonable means to notify you, then unless they had actual, affirmative knowledge that you did not receive it--e.g. they received some "nondelivery" notice--they may rely on the fact that they did send notice to you, even if you did not receive it.
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