What to do if I was scheduled to have a mandatory furlough the a week, however this did not occur but my pay was still reduced bya week?

Asked on August 18, 2011 Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you need to do is to bring the discrepancy to the attention of your employer as soon as possible.  Start by bringing in what ever proof you have as to the matter and creating a "paper trail" by documenting everything in writing that happens.  If you are part of a union make sure that the union and the union rep are copied on the letters.  Make sure that personnel is also copied for your employer as well as the union.  Keep a list of whom you talk with and when, whether over the phone or in person, and make sure that you again confirm all conversations in writing.  Good luck to you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you worked, you must be paid for the work--there is no other choice for your employer. They certainly *could* have furloughed you, if they chose, so long as they were not violating any employment or union agreement, or somehow engaging in illegal discrimination, to do so. However, if they did not furlough, they  must pay you. Possibly, this was an oversight--e.g. payroll did not get the memo that the furlough did not happen--in which case, once you bring it to their attention, they will hopefully arrange for you to be paid. If it was not an oversight, however, then the employer acted improperly and is liable to you for the money. You could sue them for the week's pay, or possibly contact your state's labor department to see if they will help. Good luck.


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