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I was hired by a company at a rate of $77,000/year salaried employee. I left after 2 weeks and received only minimum wage pay.

Tampa, FL |

Are they allowed to only pay me minimum wage even though I have a signed offer letter stating my salary? I was given no notice of a salary change and and I gave no notice when I quit.

Attorney Answers 3

Posted

You would need an attorney to review the offer letter to determine if it can be considered a legal contract. Without a contract an employer can change your rate of pay without notice as long as you are paid at least minimum wage.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.

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Asker

Posted

Thank you. I understand they can change my wage, but I thought it couldn't be retroactive. They could only change it with notice before they made the change. Didn't we have an implied contract? I mean, I can't hire some kid to cut my grass for $50 and then when the work is done tell him he's only getting $10, right? I really appreciate the input.

Barbara Billiot Stage

Barbara Billiot Stage

Posted

The difference in your analogy is a salaried employee versus an independent contractor. The wage and hour laws do not contemplate a contract between a vendor (independent contractor) and vendee. The Labor Department is only concerned that you were paid minimum wage. That does not mean you don't have a case under contract theory and that is why you should meet with an employment lawyer to review the offer letter. You should be able to find someone to give you a free consultation.

Asker

Posted

I have called several attorneys and I'm awaiting returned calls. However, I feel the reality is that I will take this to small claims court without an attorney because I have no money to retain legal counsel. The Labor Dpt has already told me they have no interest in even filing a complaint, but pushed me to file a small claims case in civil court. I am so thankful for your input and it has helped me immensely. If you ever need IT support you have certainly earned assistance from me.

Posted

I agree with my colleague. The actions of the employer probably do not violate any law, but you may very well have a possible breach of contract claim. Good luck.

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Posted

The first question I would have was there an employment contract in place outlining the conditions of your employment. If so one must look to this agreement as what can and can't be done. Absent an employment agreement I would need to know if you were employed in an at will state? Seeking the advice of a qualified attorney would be very helpful to you.

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