I was offered a position and given the pay rate in writing, can my employer simply say after the fact that they were mistaken about the rate?

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I was offered a position and given the pay rate in writing, can my employer simply say after the fact that they were mistaken about the rate?

After receiving my first direct deposit I realized the pay was significantly less than I was told. When I contacted my manager she simply said, “Oh my mistake. I misquoted you the pay rate”. Since I have it in writing are they obligated to abide by it?

Asked on March 5, 2012 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

For a definitive answer, you should consult with an employment law attorney, who can review the writing and the circumstances--in matters like these, the facts and the specific terms of the writing are critical.

However, that said, as a general matter, it would seem that the employer has to abide by its written offer. It sounds as if they extended an offer to you to work for a certain amount, as shown on the letter or other writing; you accepted the offer, and then provided consideration in the form of coming to work. With offer, acceptance, and consideration, there is a contract, which is enforceable.


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