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Hourly Wage Paid is Less Than Was Promised at the Time of Hire

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  • 05-03-2017, 08:15 PM
    Tyler.perez
    Hourly Wage Paid is Less Than Was Promised at the Time of Hire
    My question involves labor and employment law for the state of: TX

    So when i started my new job I needed an offer letter/contract stating how much i would be getting paid, writen out so that I could give it to my appartment complex so that I could have prood of employment. I had the GM at the time make one for me and we had it written out that I would need to be payed 15 an hour and have a scheduled 60 hours a week. Well, that GM got moved to a different store a month after and for 2 weeks I ran the store as GM, making deposits, doing food orders, amd making CONSTANT trips to our other sister stores to get supplies needed to get our store running. Now the owner brought on a new GM who after her 2nd week there decided to cut my hours to 24 along with everyone else at the store, some only getting 12hours. Then, the next week after I only had 16 hours scheduled and the rest of my employees had 6 hours. Well the first week my hours were cut I looked into the system amd realized I was only getting paid $9 an hour the entire time of my employment and since we had a written agreement on how much I would be getting paid I never thought anything of it and when my checks seemed short i was just told it was because I was making a lot more than I was used to and more money was being taken out for taxes. So Im just trying to figure out if theres any way that I can get back that $6 an hour i was missing out on because now my appartmemt complex thinks I was getting paid much more than I actually was and now I have no way to pay rent because this new lady came in and cut my hour by 2/3.
  • 05-03-2017, 08:31 PM
    adjusterjack
    Re: Contract Not Withheld
    File for unemployment. You might qualify for partial benefits due to substantial reduction in pay.

    Other than that, I don't know what to tell you.
  • 05-03-2017, 08:48 PM
    Mr. Knowitall
    Re: Hourly Wage Paid is Less Than Was Promised at the Time of Hire
    How long have you been working at this particular job? Were you ever paid more than $9 per hour?

    A statement "that I would need to be paid 15 an hour and have a scheduled 60 hours a week" is not the same thing as a contract for a $15/hour wage.
  • 05-04-2017, 08:00 AM
    hr for me
    Re: Hourly Wage Paid is Less Than Was Promised at the Time of Hire
    Sounds like the old manager did you a favor of writing you a fraudulent verification of employment and incorrect pay/hour amounts so you could get the apartment but never expected to pay you that much. I doubt that letter to your apartment manager rises to the level of a pay agreement or a contract since in fact it was not written to you but to a 3rd party.

    However, I am in doubt that you could prove that was a true pay rate or amount of hours. I don't know many managers that make that kind of money even much less a brand new employee. Do you have anything else in writing other than consistent paychecks (at $9 a hour) that states the higher rate?

    As for # of hours, employers have every right to change that on a go forward basis as they wish unless you have a specific contract guaranteeing you a specific # of hours.

    You can always file for partial unemployment, but it will be paid based on what you have earned in the past and you will have to let them know how many hours/what you are earning each week and that will modify the amount you will get. You could file a wage claim on the difference in pay rate, but I just don't see you winning if (1) the manager didn't have the ability to give that rate and (2) you have nothing other than the VOE that states that rate.
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