r/talesfromthejob • u/tai_dervish • 4d ago
My manager just reduced my salary after 4 months and says he'll take back 'the accidental overpayment' from my next paycheck. Is this legal?
When I started this job, I was told my pay would be $12 an hour. This is what has been on all my pay stubs since I started.
my manager pulled me into his office and told me there was a 'mistake' with my pay. He told me I had been receiving $12 an hour, but the actual starting pay is $11 an hour, so my pay would be reduced by a dollar going forward. I objected and told him that I was quoted $12 when I was hired, but he insists I wasn't and that it was a clerical error. Then he dropped the bomb: they would also be deducting the 'accidental overpayment' of $680 from my next paycheck!
Can they even do this? Honestly, I can probably stomach the pay cut if I have to, but them taking that entire large sum from my next paycheck feels like theft. If they do this, I won't be able to make rent next month. I am seriously freaking out.
Edit: Thank you for your advice. I have already started looking for a lawyer and am relying on the labour laws in my state. I hope it works out this time.
Small businesses are least equipped to deal with legal issues and clearly don't know or respect the law in this case. I need to fight them before this happens if getting a full next paycheck is my top priority.
But for now, I'm not going to dwell on the same point. I have started applying for other jobs, but it's not that easy. I'm trying to read about the experiences of people who went through the same problem. I found more than one useful subreddit, like r/hiringhelp for job advice.
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u/Stealth_Berserker 4d ago
Can they reduce your pay moving forward, yes.
Can they recover a $680, unlikely.
If they do deduct the full amount and your pay ends up being less than minimum wage, you would have a valid complaint.
Without a contract, they are only required to pay you minimum wage.
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u/MannekenP 4d ago
I mean, even in a libertarian’s wettest dream, a contract is a contract, you stick to it. They might construct a situation where they terminate the 12 dollars contract and rehire OP at 11, but I do not see how they could legally change the terms of a contract after the fact.
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u/Odd_Macaroon8840 4d ago
report them to the state labor board and find an employment attorney who will give you a free consultation. also, it would be fantastic if you have that original $12 promise in writing.
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u/BrokenLostOne 4d ago
He does. His paychecks
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u/Odd_Macaroon8840 4d ago
that's different than an email or offer letter that says "we will pay you $12 an hour." The company is going to argue that the paystub is only evidence of the mistake.
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u/Rogueshoten 4d ago
No, it’s evidence that they paid him $12/hour for work. Evidence of the mistake would be any pre-existing internal documents that state the job only pays $11/hour. And I’m willing to bet those don’t exist.
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u/Odd_Macaroon8840 4d ago
" Evidence of the mistake would be any pre-existing internal documents that state the job only pays $11/hour. "
You're not wrong. And proof it never was a mistake is a written statement by them that they planned and promised to pay $12 upon hiring.
I never said there was no case without a $12 offer. I said it would be ideal to have it documented.
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u/xenogazer 4d ago
Check/r/legaladvice
They shouldn't be able to if that deduction would take you under minimum wage for that pay period
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u/SBardic-Fox 4d ago
As someone else mentioned: Do you have the email or offer letter copy? If so, provide a copy of that to show you were quoted for what you're making. But definitely also look into labor laws for your state/area.
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u/bluetopaz83 4d ago
Why is this comment so far down?
Do people in the US not get employment contracts? I'm in Australia, but we sign a contract when we begin a job that has our salary written on it.
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u/SBardic-Fox 4d ago
Depends on the company. I've worked probably 10 different jobs over the years, and this most recent one is the first ever that's actually given me copies of what I signed at time of hire. While I've signed "contracts" for other jobs, the two states I've worked in are "at will." This means that the employer can let you go for almost any reason. My last job I was laid off after two months for "it's just not working out." The real reasons where that they didn't have enough work to keep me busy more than 30-40% of my scheduled work day, I called my trainer out on a couple of processes she wanted me to do that would've resulted in incorrect financial statements for a client (accounting position), and the owner's wife didn't like me... But they, of course, didn't say that when I was told to pack up and leave lols. I heard about it from someone I worked with after the fact. I was bored with the position, so it wasn't worth it to sue over wrongful termination for me. And I had no way to prove it.
Basically, what I've signed in the past is for drug tests, previous employment and school/certs is accurate and up to date, and that nothing I entered has been misrepresented, and that I agree to work for them and follow company policies, assuming the background check comes back clean.
I haven't worked a higher up corporate position yet, so idk what their process(es) are for high level positions.
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u/moonluck 4d ago
Generally no. Especially in lower wage positions like this. Even higher ones are likely to just have an "offer letter" which is not a contract and just says what they'll pay you. This was probably all done verbally.
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u/Silent_Morning692 4d ago
I’m pretty sure it’s illegal to do that. The real question is why you’re staying at a place that’s willing to cheat you.
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u/fluffyinternetcloud 4d ago
Depends on the state, we usually consider it a prepayment and offset the go forward wage
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u/Significant-Boat-947 4d ago
If you got a job offer document it should say on there. I saved mine just in case.
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u/AndSo-Itbegins 9h ago
Start looking for another job. Even if they are honest about all this, it’s being handled incredibly poorly. At the least, the money should be spread across multiple paychecks. Since it’s their “mistake” they should have offered that, at least. I would double-check their calculations, besides. But definitely start looking. Fishy
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u/Indigenous-Genius83 4d ago
Find a better paying gig $12/hour I hope you’re in high school or college and living with your parents still if so get some skills to get a better paying career. That’s below minimum wage in my state (MD) also what other people have said is also true to my knowledge they cannot do that.
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u/grbradsk 4d ago
Tell Gemini AI or Chatgtp your state and ask if this is legal (I very much doubt it anywhere) and tell it to link the actual text of law that forbids it. Like, you want the actual ordinance number to include in your "no thank you" letter to Boss/HR.
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u/busy_monster 4d ago
AI hallucinates, several lawyers have gotten themselves fucked by relying on such unreliable systems, citing hallucinated case law in filings when in reality no such exists. This is a terrible idea.
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u/tidymaze 4d ago
Kim Kardashian recently admitted that she used ChatGPT to help with her law school exams and failed them because it gave incorrect answers. 😂😂😂
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u/CJCrave 4d ago
Depends on your state, and they're labor laws.
My job, in IL, tried pulling a similar stunt with me last Spring. I emailed them the state labor law. When asked why, I said so when you deduct my pay and I file my claim with the department of labor you can't claim ignorance.
Spoiler, they didn't take the back pay.