Am I entitled to back pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I entitled to back pay?
I completed a training course to get a pay raise in December 2018 and shortly after I was asked to become an assistant manager which would include another pay increase. After about a month as assistant manager I decided it wasn’t for me so I asked to be demoted. I noticed that my pay was also decreased back down to minimum wage even after being certified through training. In April 2019, I questioned the GM and the owners sister, I am unaware of her title within the company, about if my training pay increase would ever be reapplied to my current wages. After a brief discussion they pretty much told me my pay should have never went back down to minimum wage since I was certified. I asked if I would be compensated for approximately January 2019-April 2019 and I was told they would be willing to back pay a month or two but they are not willing to go back to January. Am I entitled to back pay back to January or should I take what they are willing to give me?
Asked on May 2, 2019 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You have no right to the back pay unless you had a written contract which by its plain terms guaranteed you the pay for a certain period of time. If you did, you can enforce the terms of that contract, such as by a breach of contract lawsuit.
But without a contract, regardless of what you were told or promised, your pay is 100% under the control of your employer (this is part of "employment at will")--they only have to pay you what they want to pay, and can ignore prior discussions or promises. So without a contract, you are only entitled to what they are willing to give you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.