Re: Unagreed Demotion Pay
When you are demoted, you don't get to keep your same pay, nor does the law require that you give your employer permission to change your rate.
PTO is paid out at the the rate of your current salary, not the rate it was when it was earned.
Re: Unagreed Demotion Pay
ok i understand the decrease in pay and have no problem with that, im just wondering don't i have to agree to it as well??? i mean i was told one amount and im being paid a different amount.
Re: Unagreed Demotion Pay
No, your employer doesn't need your agreement. Sorry.
Re: Unagreed Demotion Pay
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Quoting
Sgaspar
I was a Sales Lead and went down to being a Sales Associate. During the time that i spoke with my store manager we had agreed on $10-$10.50hr would be my new pay as a Sales Associate(verbally). Well when the day came for me to start as i was not informed that my pay was going to less until my paycheck came and i seen that the pay rate was only $9hr. I never agreed to this wage is there anything that i can do?? Also while being a Sales Lead i was paid $11.50hr and had accrued 12hrs of vacation time and 8hrs of sick time. What rate should i get paid these at? Should they be the rate they were earned at or my new rate?? Thank you for any help that you can give me thank you.
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ok i understand the decrease in pay and have no problem with that, im just wondering don't i have to agree to it as well??? i mean i was told one amount and im being paid a different amount.
IF you were told the rate would be 10-10.50, it is a binding contract, the problem is, proving it either to the satisfaction of upper management or in court, if you feel a compelling need to sue. An oral contract is just as binding as a verbal one, just harder to prove.
Be advised though, it will be the old he said/she said, since it is very unlikely the person who told you that will confirm it, and most likely call you a direct liar.
Also, let's assume the new lower rate was to be confirmed by an upper and was not, the company will claim he had no authority to offer you such a high rate and will claim it is not imputed to them.
Also be advised if you sue them while at the same time working for them, kiss the job goodbye. We both know that.
Say for example, no exact figure was discussed, then it would be a different legal matter, maybe quantum meruit, or such as a comparable worth doctrine. However since there was an agreed amount, it is facially binding, yes.
Or hopefully you may work for some good people, and all of this will be wrong!
Re: Unagreed Demotion Pay
Oh, just to clarify, I am specifically talking about the demotion hourly rate, NOT the vacation and sick time.
Re: Unagreed Demotion Pay
This is from the Expert Law library: There is an old joke that "an oral contract isn't worth the paper it's written on". That's a reference to the fact that it can be very difficult to prove that an oral contract exists. Absent proof of the terms of the contract, a party may be unable to enforce the contract or may be forced to settle for less than the original bargain. Thus, even when there is not an opportunity to draft up a formal contract, it is good practice to always make some sort of writing, signed by both parties, to memorialize the key terms of an agreement. This is end of info from EL library.
Oral contracts are normally very hard to enforce as binding due to the he said/she said problem. Also, "wording" can play a part. If you were asked "would" you be willing to accept $10.00 an hr. as opposed to I'm offering you $10.00 an hr. (which might be binding), the "would" could be interpreted as not a binding offer.
It seems you found new employment - good luck there.