Is it illegal for my employer to now pay me the agreed upon wage at which I accepted the job?

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Is it illegal for my employer to now pay me the agreed upon wage at which I accepted the job?

I took my current job based on a written offer letter which stated I would be paid $14.42 per hour. However, when I received my first pay stub I am only being paid $12.50 per hour. I spoke to my employer and they refuse to change it because they said I was told the wrong rate. This can’t be legal.

Asked on January 31, 2017 under Employment Labor Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

If you accepted employment based on a rate as represented by your employer, then you are entitled to that rate, even if your employer made a mistake. That having been said, you are only entitled to it for work already performed. Your employer can change the rate for any furture work going forward, absent an employment contract or union agreement to the contrary. If it will not pay you the difference of what you should have been paid, then you can sue your company in small claims court and/or file a wage claim with your state's department of labor. Further, you should be aware that it is a violation to fire or in any other way to discriminate against an employee for filing such a claim or participating in any related legal proceedings.


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