FT exempt salaried management employee recently returned from leave of absence a month ago. Leave of absence form indicated that will return to same or comparable position upon return. During leave company hired another for my position and indicated that I will change responsibilities. Management position still applies but will eventually manage another employees. Currently they have laid off an employee (non managerial) and asked to temporarily cover with current responsibilities. Received 1st paycheck for this year and noticed salary was decreased. No mention of pay rate change nor was any document signed.
An employer can only change your pay after providing notice. Your signature is not required. You work after the notice, then you agreed to the change.
However, the reason for your leave and the size of your employer is important in order to determine if your position and pay rate are protected by law.
Unless you have an express agreement to the contrary, your employment is considered at will. That means the employer can change the terms and conditions of your employment, including your pay, at will, meaning at any time and for any reason. However the employer cannot retroactively impose a change on an at will employee. Therefore, if you worked for a period of time and got paid for that time at a rate less than you had previously been told was your rate of pay, the employer violated your rights. However, from the date you got that first check and were made aware by the check that the employer is paying you less money, the pay change became effective.
At best you have a claim for the difference in pay between what you had been paid and the new rate for that one paycheck. The change in pay rate need not be in writing or signed. Receiving the check is enough notice to allow the employer to make that change in terms and conditions.
Good luck to you.
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Essentially, your pay cannot be reduced without requisite notice when you have fully performed what you were required to do. You would be able to seek the difference in pay.
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