Hourly Wages Wrong, Again

I live and work in Scott County Indiana, at a Blockbuster Franchise store.

I was told when I was hired I would be a manager. Managers are paid more than CSRs(Customer Service Representatives). I am only getting paid as a CSR, but I have worked solely a manager the length of my employment. I have asked our store manager to change my pay and she has not. I want to take this higher in the franchise/corporation, so I can hopefully get results.

My point: I'd like to get my wages changed to manager pay, and I would like back pay. Is this possible? When I'm talking to them, is there anything I should or should not say? Are they legally entitled to give me back pay?

I'm not sure if back pay is an actual term or not. But it's the pay difference between what I actually made, and what I should have made. Example: 300 check is what I should make, they paid me 250, they owe me "back pay" of 50.

I appreciate the help and I can answer any questions that may arise.

Edit: I also worked for them from Mid September of 2006, to Mid May 2007, and I was also being paid as a CSR. I was promoted to a manager and was not paid for it then as well. Can I possibly file a complaint for back pay?

I am a college student so this money is extremely important to me.

Thank you again.

As far as the law is concerned, as long as you are being paid minimum wage or higher and you are getting overtime for any hours over 40 in a week (if you are non-exempt), that's all they care about. The law is not going to force them to raise your pay or to give you back pay.

This is something you're going to have to work out internally.

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Quoting IndyJD

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II'd like to get my wages changed to manager pay, and I would like back pay. Is this possible?

I also worked for them from Mid September of 2006, to Mid May 2007, and I was also being paid as a CSR. I was promoted to a manager and was not paid for it then as well. Can I possibly file a complaint for back pay?

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WHY in the world would you continue to work for EIGHT months at a pay rate that was lower than what you agreed to when you were hired? Do you have ANYthing in writing from the person who hired you either last time or this time to show what you were supposed to be paid? How about any copies of letters you gave to your manager asking that she correct your pay and her responses?

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Quoting IndyJD

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I was told when I was hired I would be a manager. Managers are paid more than CSRs(Customer Service Representatives). I am only getting paid as a CSR, but I have worked solely a manager the length of my employment. I have asked our store manager to change my pay and she has not. I want to take this higher in the franchise/corporation, so I can hopefully get results.

My point: I'd like to get my wages changed to manager pay, and I would like back pay. Is this possible? When I'm talking to them, is there anything I should or should not say? Are they legally entitled to give me back pay?

I'm not sure if back pay is an actual term or not. But it's the pay difference between what I actually made, and what I should have made. Example: 300 check is what I should make, they paid me 250, they owe me "back pay" of 50.

I appreciate the help and I can answer any questions that may arise.


I am a college student so this money is extremely important to me.

Thank you again.

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Back pay is not technically the correct term, but that point is really moot. However, the term suffices, and may be legally correct to a great extent, yes.

There is no question the duties/responsibility of a store manager are more detailed in nature than a clerk (CSR).

IF you are the Manager, whether the company so characterizes it as such for wage purposes, then you are entitled to be compensated at the higher rate, whatever the, at minimum, a store manager's "starting" base salary/houry wage is.

You say you were orally told you would be the manager? This seems apparant from your duties, so any written confirmation in your files as to classification is moot. It sound like the company is getting away paying you less due to the fact if you complain, you risk being terminated, such is at will employment.

You need to consult an attorney/law firm who specializes in contract/employment law for an opinion. IF, say, for the sake of argument, you are entitled to be compensated at the higher rate for your employment life, it could be a substantial amount.

Indiana recognizes the doctrine of Quantum Meruit, meaning you are entitled to be paid the reasonable value of your services. IMO, I see no reason why you can not invoke the doctrine, but that is for an attorney to decide. An employment relationship is a contract, and QM is a contract doctrine.

This case outlines some detail.

Indiana appeals court case

In general:

http://en.wikipedia.org/wiki/Quantum_meruit

Good luck,

BOR (Bill of Rights)

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Quoting BOR

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Indiana recognizes the doctrine of Quantum Meruit, meaning you are entitled to be paid the reasonable value of your services. IMO, I see no reason why you can not invoke the doctrine, but that is for an attorney to decide. An employment relationship is a contract, and QM is a contract doctrine.

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Let me add to clarify this. I am NOT saying an employee is entitled to the reasonable value of his or her services based on the following, as an example:


You make 6.00/hr but you feel you should be paid 7.00/hr, it is hard work etc.. OR others are making that who have been there a shorter period of time, etc.

ALL employees feel they are worth more on the job. I sure do!!!

I am basing my QM argument for your specific facts soley that your duties and responsibilites are without question managerial in nature, period. I may be right, I may be wrong. Consult an attorney.

I was manager for around 3-4 months, out of the 8 months I worked there, last time. I wasn't told at that time how much managers make per hour. So at the time, I was just checking to make sure my hours and my pay, which I didn't know was suppose to be higher, were correct.

When I started work this time, I was told I will be a manager, and I will be paid a managers wage. I am not being paid a managers wage despite what I was told. All other managers are getting paid managers pay. Then of course their raises, etc...

I just want what I was promised.

Since I began work, I have ONLY worked as a manager. Never as a CSR. Even a new CSR is making more than I am, and I'm a manager.

Another question. Does it cost anything to consult and attorney? Ask a couple questions basically. I have no experience with attorneys or anything related.

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Quoting IndyJD

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I just want what I was promised.

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Absolutely, I would too.

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Another question. Does it cost anything to consult and attorney? Ask a couple questions basically. I have no experience with attorneys or anything related.

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You can call some in the phone book and ask what an initial consultation fee is, the secretary may ask you a few Q's to relate to the attorney.

Even if a fee is charged for a 1/2 hour or so consultation, you are only looking at $50-100 probably?

OR, you can call the local Bar Association's lawyer referal service, if they have one in your area, and ask to make a free or low consultation fee with an attorney. They will recommend one who does this.

IF you decide NOT to consult an attorney and plan on filing some type of small claims action yourself, be advised, you MUST present a legal cause of action or you will be dismissed. You can research some contract law yourself and if you feel comfortable with your analysis, so be it.

Also be advised, companies do NOT like being sued, even if they know they are wrong and repercussions may follow. This is the hazard of "at will" employment.

It is BEST to seek the competent advise of counsel. They can evaluate the applicable law and even know if punitive damages are available as a remedy.

Good luck,

Bill of Rights

I disagree with BOR on his application of QM and his cite is not relative to this situation. The situation and circumstances are so far removed from this one that I cannot see anyway to apply the decision here.

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I was told when I was hired I would be a manager.

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Fine. Did they tell you waht your pay would be, specific, in dollar per hour or per week amounts?

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Managers are paid more than CSRs(Customer Service Representatives).

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How do youknow this? Do youknow the pay of all the managers? Is the pay dependant upon the store volume so a different store could have a different pay rate?

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I have asked our store manager to change my pay and she has not.

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So what did she tell you as why she will not?

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I want to take this higher in the franchise/corporation, so I can hopefully get results.

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Sounds reasonable but do not be surprised to have the higher level management agree with your manager.

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My point: I'd like to get my wages changed to manager pay, and I would like back pay. Is this possible?

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what are you using to determine "manager pay".

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When I'm talking to them, is there anything I should or should not say?

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I surely wouldn't say they have to increase your pay or (unless you are actually willing to do this) that you must resign should your pay not be increased.

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Are they legally entitled to give me back pay?

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entitled; yes. required; no.


Bottom line; they have offered to employ you at the rate you are recieving. Unless you can show they have an established pay rate for a specific title and they are not applying it to you or they have told you that your pay rate is to be higher than what you are being paid, you have no arguement.

While an employee manual is not considered an employment contract in general, what it specifies can be deemed to be able to be relied upon under certain circumstances.

Where is the managers pay schedule listed?

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Quoting jk

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I disagree with BOR on his application of QM and his cite is not relative to this situation. The situation and circumstances are so far removed from this one that I cannot see anyway to apply the decision here.

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I did not say the case citation was a direct "finding of fact" OR "conclusion of law" concerning the OP's case. It was merely linked as a reference for generalities.

If you are not in retail as the OP, then it may be hard to see any wage differential treatment as is claimed.

You can't pay a CSR's salary when they are the store manager. It is not legally logical to assume a person who has no responsibility as a store manger does will be paid the same.

It is similar, at least to me, of the doctrine surrounding the Equal Pay Act. You can not pay a wage to a woman different from a man on a job (vice -versa) which requires "equal skill, effort, and responsibility".

I am in TOTAL agreement with the poster.

I am also wondering how the OP could possibly collect the higher pay rate from his original employment stint. He accepted and cashed the checks.

I could understand if there was at least some sort of paper trail where he disputes the amount paid... but to go back over a year later and request a higher pay rate for "around" 3-4 of the 8 months... that just seems ludacris(sp?) to me.

As an employer myself; I understand that managers do sometimes screw up people's wages. I have gone back and paid employees their extra $1 or two per hour for one or two checks retroactively - even two months... But that was only after the employee could show me where the manager put in writing that they were supposed to get a specific dollar amount.

I also have a problem with the OP saying he was doing 'manager's duties'. It is possible that the job description the OP was hired under included the phrase "and additional duties as assigned". Just because you do some things that a manager does, does not make you a manager.