If my employer has been accidentally shorting me $5 per hour for the past 2 years, what should happen next?
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If my employer has been accidentally shorting me $5 per hour for the past 2 years, what should happen next?
I was paid $65 an hour instead of the rate in my contract which equals $7 an hour. I just caught the mistake and have brought it to their attention. I am waiting to hear back from them.
Asked on June 8, 2012 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you were not paid as per your contract, you could sue for the money--you could sue for the entire shortfall, if the employer will not voluntarily pay it. You are not entitled to any interest or additional compensation, but could recover the amount you were contractually entitled to. As a practical matter, you'd need to be able to prove the terms of the agreement and the hours worked.
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