Is this wage theft?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is this wage theft?

I have a friend that works for a university and is considered a state employee in South

Carolina. The state gives a salary range for positions and the university has been paying many employees well below their position’s salary range provided by the state. They are paying newly hired employees the correct salary and have not adjusted the salaries of current employees at all. Is this wage theft?

Asked on December 15, 2016 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If an employee has a written contract specifying her salary and is not paid that, she can sue for breach of contract for the money.
Without a written contract, she cannot herself directly sue for the money; when there is no contract, employers set salary, wages, etc. If there is a state agency overseeing this university, she can certainly file a complaint with that agency, and they may force the univerity to pay her more, but again, her own right to seek redress for being paid less than she believes she should be paid is dependent on having an enforceable written contract.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption