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My employer is attempting to change my pay from Salary to hourly and remove all paid days off. Can she go against our agreement?

Caledonia, MI |

I have a written offer. We renegotiated through email. The board that governs her had me sign a form that says it is not a contract and what I will make biweekly. It doesn't state all of the details we agreed on in email. I am a teacher and she is trying now not to pay me even though I spread my salary out for 12 months. Can she do that without having to pay me for the income I would have made this year had I not had my pay spread over 12 months? It's $7 more an hour.
She also called and asked me if I was a Christian because the board was concerned about it. Is that discrimination?
If I were to sign a contract does it mean nothing? She says what we agreed on, even though in writing, means nothing.

Attorney Answers 2

Posted

I am a little confused about your question. In the beginning sentence you indicate that you signed a form that says its not a contract. If you signed a contract that says it is not a contract then you do not have a contract. They can change your compensation plan but not regarding earned compensation. I would contact the Michigan Dept. of Wage and hour to see if they can help. (517)322-1825

Each employment situation has unique facts and circumstances. This means that information and advice cannot be taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such.

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9 comments

Asker

Posted

That was my main concern...it's she mainly to pay me for the 8 months I've worked at the rate before spreading out my salary over 12 months. It's a written agreement through email"worth" anything? She says it means nothing.

Asker

Posted

Sorry is she liable to pay me for the 8 months...

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Posted

A written agreement describing a compensation plan can be enforceable up to the point she changes it. So if she agrees to pay you $750 a week and you work 20 weeks and then she decides she would rather pay you $250 plus a commission she can change you compensation to the $250 and a commission. She has to however pay you the $750 for the first 20 weeks that you worked. The Dept of Labor should be able to get that enforced for you and you can get it done without paying attorney fees. Plus if you file a complaint with the Dept of Labor and this employer retaliates by terminating your employment because of the complaint then you would have a claim under the Michigan Whistleblower Act for wrongful discharge. The sooner you file that complaint the better.

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Posted

So in my very general opinion yes - she should be liable for the 8 months but I can give you a more specific opinion if I saw the emails.

Asker

Posted

Thank you so much! I did already file a complaint within days of the change which I have in writing. I have no way to send you the emails...

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Posted

Hold on to the emails. If when you get fired for filing the complaint with the wage and hour you can get it to me. By the way, which Caledonia are you in the one way west near Grand Rapids or the one in Shiawassee near Owosso or the other 1?

Asker

Posted

Grand rapids

Asker

Posted

The wage and hit board would not enforce the agreement. I quit today. What can I do to pursue the salary I would have made had I not let her spread out my pay over 12 months?

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Posted

Wage and hour send something in writing? You can file against the employer in small claims court.

Posted

I would consult an attorney in your area that specializes in employment law. He/she will be able to explain your wage and/or contract rights to you. Whether or not you are Christian should not factor in to how you are paid pursuant to applicable state laws.

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