Can my previous employer put my pay to minimum wage on my las check when i make more than that ?

My employer when i was let go gave me my last check and my pay was down to minimum wage i hope this is illegal.

2 answers  |  asked Oct 22, 2010 7:51 PM [EST]  |  applies to Illinois

Answers (2)

John Otto
If you are not in a union and don't otherwise have a contract specifying your wages, your employer can lower your wages during the course of your employment. The theory is that you're agreeing to the wage by continuing to work there. However, the employer cannot lower your wage retroactively for time during which you have already worked. So, if the employer first notified you that he was reducing your wage to the minimum after you had already worked the hours, then that would be illegal. My advice is to file a complaint with the Illinois Department of Labor. That is a long process, but it is free if you do it yourself, and the money involved in your case is probably not enough to make it worthwhile to hire an attorney.

posted by John Otto  |  Oct 23, 2010 7:56 PM [EST]
Ryan Nalley
This is illegal, your employer must pay you at whatever rate you and your employer have agreed upon at the start of your employment, and that rate must be above both federal and state minimum wage, whether you are salaried, paid by commission, or some other method. There are exceptions to this rule, but in your case, you must be paid at the rate that you have always been, especially if it is your final paycheck.



Sincerely,


Ryan Scott Nalley
105 W. Adams St.
28th floor
Chicago, Illinois 60603
773-621-6809
attorney@ryannalleylaw.com
http://ryannalleylaw.com

posted by Ryan Nalley  |  Oct 22, 2010 11:18 PM [EST]

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