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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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.

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