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  1. #1
    Join Date
    Jul 2015
    Posts
    1

    Default Reduction in Pay for Not Giving Notice

    My question involves labor and employment law for the state of: Tennessee

    Hi! At the beginning of July I responded to an ad on CL about working in a warehouse. It was through a staffing company. The staffing company made me sign an agreement that if I choose to end my assignment before completion without giving notice OR within the first (5) days of my scheduled work week, my hourly rate of pay will be $7.25. The job pays $11/hr. The first week was a classroom based training week so no problem. At the beginning of the second week, halfway through the shift, the job was triggering my motion sickness/migraine headaches and I notified a supervisor and punched out for the day but remained the rest of the shift because my wife also worked there and I didn't want my sickness to affect her getting a full days work. The second day was a repeat of the first, I got sick halfway through and this time I told the supervisor that I didn't want to leave them in the lurch but that the job was making me sick and I'd be forced to resign unless they switched me to another position(in my mind that is when I gave notice). He told me to notify my agency. The agency warned me not to quit that it'd result in my pay being reduced to $7.25 and to just hang in there and that they'd try to get me into a new position. So days 3-5 I forged ahead even though it still made me sick. I then worked the entire 3rd week going home at the end of my shifts sick as a dog. On Tuesday of that week during lunch I found I had a voicemail from my agency saying that they were still trying to get me switched around which I thought was odd since my rep at the agency knows when I take my breaks, why would he call when he clearly knows I'm working. I immediately called back and talked to another rep. I said I was returning my reps call but was informed he was on the other line. I told him to give him the message that I called back. He never relayed the message because I never got a call back form anyone at that agency. On Tuesday of the 4th week, after working through sickness for 12 1/2 days with no indication of being switched to another position I was at the end of my rope so I quit without giving notice(even though technically as far as I see it I did back on the 2nd day of the 2nd week). When I got my paycheck today for the hours I worked during the 3rd week, my pay rate was reduced to $7.25! Is this legal? I did some research online and I found that the reduction in pay rate should only be for my LAST paycheck not my last two paychecks. Any advice on this matter will greatly be appreciated. Thanks to all in advance.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Reduction in Pay for Not Giving Notice

    I told the supervisor that I didn't want to leave them in the lurch but that the job was making me sick and I'd be forced to resign unless they switched me to another position(in my mind that is when I gave notice).
    that is not notice. Notice you are quitting is: I am quitting on [this day]

    is there some reason you believe you should not be held to the contract you signed?
    I did some research online and I found that the reduction in pay rate should only be for my LAST paycheck not my last two paychecks.
    based on what? Simply put; paying you $11/hr with the condition that if you quit within the frst week or without notice your pay for inception would be reduced to $7.25 is called an incentive. Since it did not incite you to fulfill your contract, they are not required to pay the higher rate.

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