I haven’t been getting paid the amount in my file.

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I haven’t been getting paid the amount in my file.

I have been working at a fast food restaurant for over a year now. When I was hired they promised me a $7.50 hourly rate. After my checks came in I saw that I was actually making $7.25. I assumed they simply changed their minds. It has come to my attention that in my employee file it states I’m getting paid $7.50, when I’m not. As proof I have taken a picture of my file with the help of a kind manager. I also have on record my payment history of getting paid less. Could I get that money they owe me for over a years work of being paid less?

Asked on October 29, 2017 under Employment Labor Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it does not matter what they have in your file: that is not legally binding on them. Unless you have a written employment contract guarantying you a certain pay rate (if you do and you are not being paid what the contract requires, you could file a "breach of contract" lawsuit to enforce the contract's terms), your pay is whatever the employer chooses to pay you, regardless of what they may have told you or what is in your file; without a contract, you are an "employee at will" and the terms of your employment (including pay) may be set and changed by the employer at any time for any reason. As an employee at will, you would have no right to any given amount or rate of pay.


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