I had a verbal agreement with my boss about a set amount I would be receiving for doing another department on top of mine for Tuesday s and Thursday s. He paid me the first month, the Check was a little shorter than agreed on, brought it up to an immediate supervisor and she said "yeah well he s not going to budge on that, he added it up and what he added he s going to give you" but he was supposed to add the amount of my best bonus out of the last 3 months plus 10%. So when I added it up myself the number was off. So after my immediate supervisor said to leave it alone, I did. So now comes time for my next bonus which was supposed to be the same exact amount as last month because that was part of the agreement that I would be receiving the same bonus amount as long as I was doing the other department on top of mine, he tells my immediate supervisor he is not going to give me the full amount. Is this legal? Is there something that I can do about this? Other than talk to him about it tomorrow, because I found out about this on my day off. I just want to know what my options are.
The analysis starts with the fact that unless you have an express agreement to the contrary, you are an at will employee. The employer of an at will employee can change the terms and conditions of employment, including pay, at any time and for any reason. They just cannot change things after the fact, meaning they cannot change your pay after you have done the work to earn the pay. But they can change the pay effective immediately upon giving you notice.
In your situation if you were promised a particular amount of pay and you worked thinking you were working for that amount of pay, you would be entitled to that pay until you got that first check and realized that was not what you were going to be paid going forward from there.
You have no legal right to force your employer to pay you the higher rate of pay if he changed his mind and you have been told as much.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline