Can an employer put you into a “test pay program” without your approval or consent?

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Can an employer put you into a “test pay program” without your approval or consent?

My company put me and another employee in a “test pay” program without my consent that will decrease my weekly pay by a very large amount, about $50%.

Asked on February 22, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you have a contract, which specifies your pay? If you do, then the employer may not unilaterally violate the terms of that contract, and would indeed need your consent to change how or how much you are paid. However, in the absence of an employment contract, employers are free to set employee compensation--they can give raises at will, or cut pay; they also can change pay structure; and they do not need employee consent for this.


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