If I was hired at full-time atone pay rate, after working for almost a week can my pay rate and hours now be cut?
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If I was hired at full-time atone pay rate, after working for almost a week can my pay rate and hours now be cut?
I recently was hired at a physical therapy rehab physicality. When hired I was told that I would be paid $15 an hour with full-time hours. After only 3 days of working, my boss now informs me that she can only pay me $12 an hour with minimal hours, such as 2-3 days a week. I quit my previous job and gave my 2 week notice because I wanted to peruse this. It seemed like, better opportunity. Currently I’m left with even less pay than before and struggling trying to support my family. Is there anything that can be done about my situation?
Asked on September 26, 2011 under Employment Labor Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) If you have an employment contract guarantying you a certain rate, number of hours, etc., that contract is enforceable.
2) Even without a contract, you may have enforceable rights IF the employer knew or should have known you'd leave an existing job to take their offer. When someone makes a promise to you, which promise is designed or expected to get you to do something (like take a job), and the person knows or should know that to do what he wants, you'd have to do something to your detriment (like leave an existing job), and it is reasonable for you to do this and rely on the promise, then the courts often hold that the promise is enforcable, because of your detrimental reliance (under the theory of "promissory estoppel").
From what you write, it would seem worthwhile for you to consult with an employment attorney.
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