I”m being paid less than what I was offered. What can I do?

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I”m being paid less than what I was offered. What can I do?

I was offered a position over the phone. Three years later I realized I was being
paid far less than what I was offered. Nothing was in writing it was only verbal. Now
my boss refuses to make it right or even meet me half way. How can I get paid what
I was originally offered?

Asked on July 31, 2019 under Employment Labor Law, North Dakota

Answers:

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

Answered 1 year ago | Contributor

Unless you have an employment contract or union agreement to the contrary, an employer can set the rate of pay as it sees fit. In fact, in an "at will" employment relationship, it can set any term of employment as it deems appropriate (absent some form of legally actionable discrimination). This is true no matter what the employer may have said or verbally "promised".

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can't do anything. Employment in this nation is "employment at will" in the absence of a written contract to the contrary or which sets certain terms of employment (e.g. pay). Without a written contract, all aspects of your employment, including compensation, are at the will or discretion of the employer: regardless of what he orally ("oral," not "verbal," is the correct term for "unwritten" or spoken) told you, he could change your pay at will to whatever he wanted. Only a written contract guarantees your pay.


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