If my employer has been accidentally shorting me $5 per hour for the past 2 years, what should happen next?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my employer has been accidentally shorting me $5 per hour for the past 2 years, what should happen next?

I was paid $65 an hour instead of the rate in my contract which equals $7 an hour. I just caught the mistake and have brought it to their attention. I am waiting to hear back from them.

Asked on June 8, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were not paid as per your contract, you could sue for the money--you could sue for the entire shortfall, if the employer will not voluntarily pay it. You are not entitled to any interest or additional compensation, but could recover the amount you were contractually entitled to. As a practical matter, you'd need to be able to prove the terms of the agreement and the hours worked.


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