Am I able to take legal action against my employer for dropping my pay rate after I quit?

UPDATED: Apr 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I able to take legal action against my employer for dropping my pay rate after I quit?

I quit my job without giving a 2-week notice to my previous employer. In GA, employers have the right to lower my pay if I quit without notice, but the issue is a bit deeper. I am currently receiving child care assistance through the department of family and children services. To receive this assistance, I must work at least 25 hours a week. Well, 2 weeks prior to my resignation, the company cut my hours because my child was sick 4  days that week. This disqualified me from recieving childcare. I was forced to find employment before my they canceled it. Do I have a case?

Asked on April 1, 2011 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, you almost certainly do not have a cause of action, with one exception which I'll detail below, if you did not have a contract. The problem is, without a contract, you are an employee at will, and an employee at will may be fired--or demoted, or have hours or pay rate cut, etc.--at any time for any reason. That means that if the company wants to cut your hours, they may.

By the way, unless you have a contract which has a notice period, 2 weeks notice, while traditional is not required and does not give you any rights. Your employer could have said, "Well, good bye and good luck" the moment you gave your notice and terminated your employment on the spot--and most companies I've worked with would have done this.

If the company has not done this to other employees who've given notice, you might have an employment discrimination claim if you can show that you are receiving worse treatment because of a protected category--e.g. because of your race, sex, religion, age over 40, or disability. However, if you have found other employment and have not actually been injured in any significant way (didn't lose insurance, or only lost a week or two), it may not be worthwhile pursuing the matter.

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 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 lock Secured with SHA-256 Encryption