What options does an employee have when not paid correct rate of pay

UPDATED: Oct 1, 2022

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What options does an employee have when not paid correct rate of pay

I worked for an employee whom hired me
for a rate of pay of 15 per hour I was
given some shifts that paid 13 an hour.
I questioned that rate and advised that
I would like to work shifts that paid
15 the rate I was hired for. I was
told not to return and my check
reflected minimum wage. I filed a wage
claim and wanted to know what other
options I had.

Thanks Derrick

Asked on December 22, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You could sue for the money you should have been paid but were not: if you performed work that you were told you would be paid $15/hour for but were paid a lower amount ($13/hour, or minimum wage), you may sue the difference--the extra money. When you agree to work for a certain wage, that forms an oral contract or agreement; while it is not binding into the future (oral agreements can be ended at any time), it is binding as to any work you in fact did under that agreement or understanding. Therefore, you would be entitled to the $15/hour for the hours you worked. You may, however, be terminated at any time unless you had a *written* employment contract guarantying you a job or preventing termination for this reason or at this time, so they could teminate you they way they did.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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