Can an employer change a worker’s hourly rate after they give notice for work performed prior to notice being given?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer change a worker’s hourly rate after they give notice for work performed prior to notice being given?

My daughter-in-law gave 2 weeks notice for the school where she taught. Now, she just received her paycheck and her hourly rate was cut to minimum wage. This is for hours she worked before she even gave notice. Is this legal? It certainly isn’t ethical.

Asked on August 15, 2019 under Employment Labor Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, it cannot. While (absent an employment contract/union agreement to the contrary) an employer can chnage a worker's rate of pay as it sees fit, it cannot do so for work that has already been performed. In other words, there can be no reduction in pay after the fact (i.e. retroactively). That having been said, her pay cut was legal for all work that she completed after her notice was given. At this point, if she thinks it worth her while, she can file a wage complaint with your state's department of labor or sue for any wages owed her in small claims court.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption