Is my employer responsible for giving me retroactive pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is my employer responsible for giving me retroactive pay?
I started a new job within the same agency 5 1/2 years ago. I’ve been with the company as a whole about 9 years. I was asked to present my college degree when I first got the job 9 years ago. When I switched jobs within the agency they never asked me about my degree so I assumed they were aware and it was included in my pay. Now 5 years later I find I’m being paid .50 cents less an hour than I should be. Do I qualify for retro pay? I spoke with HR and they haven’t gotten back to me in 3 weeks.
Asked on July 17, 2017 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless your hourly rate was in some way guaranteed under the terms of an employment contract or union agreement, you have no rights to retrocative pay. Even though a mistake was made, you knew what your employer set your wage at and you accepted.
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.