If my husband’s job told him1 hourly wage but then paid him another wage is there anything we can do?

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If my husband’s job told him1 hourly wage but then paid him another wage is there anything we can do?

My husband just got his first pay check from a seasonal job that told him he would get 10 an hour but when he got paid it was only $7.25 and he didn’t get paid for his working interview that he did for ten hours. Now the guy who hired him won’t answer or returns his calls. What can we do to solve this?

Asked on August 5, 2011 Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was an agreement to pay a certain rate or wage, and also to pay for the hours spent on a "working interview," that agreement is legally enforceable. That's the good news; the bad news is that while the state labor department will take some wage claim cases, their resources are limited, and they probably won't pursue a small underpayment to one individual. As a result, the only way to vindicate your husband's rights would be to sue the employer. It would definitely not be worthwhile economically to retain an attorey for that purpose, unless it's several weeks of underpaid wages (and even then, it's marginal whether it would be worth it), but it may be worthwhile to file and bring an action in small claims court, representing yourself.


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