Is it legal if my employer has a policy that if you don’t give a 2-week notice they can reduce your final paycheck to minimum wages pay?

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Is it legal if my employer has a policy that if you don’t give a 2-week notice they can reduce your final paycheck to minimum wages pay?

I was in a car accident and if I continue working for 2 more weeks it will put me in a lot of pain. I’d rather not get a doctor involved with official notes or anything.

Asked on September 2, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it is legal if they done prospectively that is, say that John Doe tells the employer he is leaving employment. From that point forward, they can reduce his pay to minimum, so long as they tell him that they are doing it. However, this cannot be done retroactively so if he does the work at his current/regular pay, they cannot after he has done the work reduce his pay because he did not give notice pay changes may be done freely, but only with notice of the change before the work is done.
So, say you give 3 days notice your last three days could be at minimum wage, if they tell you they will be.


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