What to do about a raise that I am now being forced to pay back?

My boss gave me a raise/salary increase. For whatever reason he had provided 50% upfront $2000. Then the rest was supposed to a hourly increase to make up additional $2000. Then 3 months after the fact, he decided it was not a raise. He first said it was peformance bonus now based on all sort of ridiculus criteria. Then after a few months of that just went away all together. To make matters worse they started taking $200 a check back to repay the 2000 already paid out to me as part of this raise. I was laid of recently, and they kept almost all my check to finish payiing this amount. Can he legally give me raise, pay it out, and then after the fact take it back without me signing anythign or authorizing payment?

Asked on January 10, 2013 under Employment Labor Law, Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written, your employer has a problem on his or her hands. If you were given a raise and your pay stubs and checks reflect such, then under the laws of all states in this country what was given cannot be legally taken back.

I suggest that you immediately consult with a labor law attorney and/or a representative with your local department of labor for assistance and legal guidance as to your recourse after you have a face to face meeting with your human resources department to try and resolve the matter on your own.

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