Can an employer switch me from hourly to salary without me signing anything?
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Can an employer switch me from hourly to salary without me signing anything?
I am getting ready to switch from an hourly
position to salary and I have heard that they
just switch you without having you sign
anything. Are they allowed to do that? I have
also heard of them agreeing to a salary and
then paying less. But since there is no
document saying what that agreed upon salary
is they can’t do anything about it.
Asked on February 2, 2017 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless there exits an employment contract or union agreement to the contrary, your employer can switch you from hourly to salary without your signing any documentation to that effect. As for getting paid what was promised you, you can try to get a written statement as to your salary but your employer need not give you one (you can also try to have witnesses as to your purported wage and this could include co-workers who were also lied to). That having been said, if it does not pay you your agreed wage you can sue in small claims court and/or file a wage claim with your state's department of labor. Additionally, as an "at will" employee, in the event of a salary dispute, you can quit without providing notice.
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