Can a company start my pay at a certain amount and then lower it the next couple of checks?
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Can a company start my pay at a certain amount and then lower it the next couple of checks?
Asked on November 12, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, an employer is free to set the terms and conditions of employment, including rate of pay, and to change it at will--so generally speaking, yes: your employer may reduce your pay. Here are the exceptions to that rule:
1) You have an employment contract or agreement setting or guarantying your pay. If so, you may enforce it.
2) To take this job, you either gave up another job or relocated, and did so based on an explicit representation (promise) by the employer that you would be paid at a certain level; the fact that you took action to your detriment based on a promise of pay at a certain level could act to make the promise enforceable.
3) Your pay was lowered due to discmination against you on the basis of your race, sex, religion, age over 40, disability, etc.
4) Your pay was lowered to retaliate for your having used some protected benefit (like FMLA leave) or having brought a protected claim (e.g. for overtime, worker's compensation, or that you had been discriminated against).
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