Employments Fraud Action

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Employments Fraud Action

I work at a warehouse as a picker and there is a system which indicates how fast we work. It’s percentage base and depending on our percentage we are paid by that. So right now there have been changes which have effected us gaining our percentage which had made us difficult to gain percentage. On average most people can get 100% which I think is fair but because of recent changes we can barely reach 90% which is a massive difference. Even our best work colleges are having difficulty. I feel like this isnt right that we should still be able to get at least 100%. I feel like the employers lowered the percentage gain so we would have to work faster. Wouldn’t this be fraud? What legal action should I take? This is just recent, so I’ve contacted the employer but no response so far.

Asked on May 23, 2019 under Employment Labor Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is not fraud or in any way illegal to set unattainable goals for employees, to lower their pay, or make them work harder for less. These things are all done all the time. Unfortunately, unless you had a written employent contract guarantying or locking in your pay, your employer has 100% control over your pay (as long as they pay you at least minimum wage given the number of hours worked) and can change your pay for its benefit and your detriment at will. This is all a consequence of "employment at will," which is the law of this country: there is no right to employment, and so the terms of a job and compensation are under the employer's, not employees', control.


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