Can an employer change your status from salary to hourly for your last check?

UPDATED: Nov 14, 2017

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Can an employer change your status from salary to hourly for your last check?

I work for a company for almost 4 months and was then let go. On my last check it shows that I’m an hourly employee instead of salary as I was the rest of my checks. I feel this is wrong on a number of levels. Am I right?

Asked on November 14, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It cannot be done retroactively--that is, after you did the work (worked the time) reflected on the check. It may be done prospectively at will: that is, the change may be done before you did the work. Of course, if you did not actually lose anything by this (e.g. paid all money to which you were entitled), there would be no grounds to take legal action: the law provides compensation when you lose or are cost money, but does not address things simply being "wrong" when there is no loss. (This is an overstatement, but is essentially true.)
If you were shorted any money, you could sue for it.

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