Wage bait and switch

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Wage bait and switch

My husband was promised a certain wage and certain job duties
and is not being paid half of what he was promised and doing
completely different work than he was hired to do. I doubt the
wage offer was in writing, but the employer has done this
repeatedly according to other employees. Is there recourse?

Asked on June 12, 2017 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

Unless your husband has an employment contract or union agreement that guarantees his duties, wages and schedule, he is an "at will" worker. This means that, absent some form of actionable discrimination, his employer can set the conditions of the workplace much as it sees fit. His only recourse here is to complain but risk termination or quit and find employment elsewhere. While seemingly unfair, it is the law.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is no written employment contract, there is no recourse, unfortunately. In the absence of a written contract, all employment is "employment at will." This means, among other things, that an employer may change hours, pay, duties, benefits, etc. at any time, for any reaon; therefore, the employer may freely renege on oral promises made to employees, and there is no recourse for this.


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