# Can an employer do this to me?

**URL:** <https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731>\
**Category:** NYSpeed Off Topic\
**Created:** [November 27, 2006, 1:00pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731 "2006-11-27T13:00:49Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![JustinH](https://avatars.discourse-cdn.com/v4/letter/j/9fc29f/32.png) [@JustinH](https://forums.speedlife.net/u/JustinH)\
**Post date:** [November 27, 2006, 1:00pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/1 "2006-11-27T13:00:49Z")

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Hey Guys.

I’m not going to say where I work, and if you know me please don’t mention it. I want to stay as anonymous as possible, but still wanted to ask a question.

Ok heres the deal. The day before thanksgiving the boss lost his major account. He holds a meeting and says listen we might have to lay everybody off for 4 weeks. Some people are sad or whatever.

I’m happy, i’m gearing up to stay home, look for a better job, and just enjoy some time off (i don’t get paid vacation).

Anyways so the other day the boss has another meeting with us, saying half the people are getting laid off, the other half of the people are getting their pay cut down to minimum wage ($6.75) for the period of 4 weeks until he gets his account back. He then says after the period of 4 weeks, he will issue us a check for the difference between our hourly rates and what he was paying us.

My question is… Is this legal?

I sent a note to the labor board today, but no reply yet, and I haven’t found a number to call them and ask.

I’m just pissed because here it is christmas and I’ll be earning fucking minimum wage to do a job that should pay way more than that.

I figured it out, i’d actually be losing money working than if i just stayed home and collected unemployment.

Sure the boss says he will cut us a check for the difference, but after the holidays that isn’t going to fly when i have alot of stuff to buy, and things to do.

Thanks,  
J

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**Author:** ![newman](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/newman/32/7569_2.png) [@newman](https://forums.speedlife.net/u/newman)\
**Post date:** [November 27, 2006, 1:03pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/2 "2006-11-27T13:03:03Z")

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just do something real shitty and get fired. then collect unemployment.

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**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\
**Post date:** [November 27, 2006, 1:03pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/3 "2006-11-27T13:03:22Z")

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Is this a private company? Either way, yes it’s legal. Don’t bet on that reimbursement check either.

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**Author:** ![HotRodKid](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/hotrodkid/32/7609_2.png) [@HotRodKid](https://forums.speedlife.net/u/HotRodKid)\
**Post date:** [November 27, 2006, 1:04pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/4 "2006-11-27T13:04:05Z")

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get it in writing that he will pay the difference afterwards

make surwe to include a clause that stipulates that a late payment has a penalty fee … 25% should do …

this should test if hes full of shit … see if he signs it

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**Author:** ![JustinH](https://avatars.discourse-cdn.com/v4/letter/j/9fc29f/32.png) [@JustinH](https://forums.speedlife.net/u/JustinH)\
**Post date:** [November 27, 2006, 1:05pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/5 "2006-11-27T13:05:12Z")

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> [@BikerFry](#):
>
> Is this a private company? Either way, yes it’s legal. Don’t bet on that reimbursement check either.

Yeah exactly, its a private company. The guy is a total shyster.

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**Author:** ![MaximaSE98](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/maximase98/32/7600_2.png) [@MaximaSE98](https://forums.speedlife.net/u/MaximaSE98)\
**Post date:** [November 27, 2006, 1:06pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/6 "2006-11-27T13:06:14Z")

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unless u have a legal binding contract that states your wage i think its totally legal…my mom is kind of going thru the same thing…her boss keeps laying them off just before holidays so he doesnt have to give holiday pay

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**Author:** ![RedGoober4Life](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/redgoober4life/32/7610_2.png) [@RedGoober4Life](https://forums.speedlife.net/u/RedGoober4Life)\
**Post date:** [November 27, 2006, 1:06pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/7 "2006-11-27T13:06:34Z")

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As long as

1. he’s paying minimum wage
2. he provides a contract stating this

but there’s little incentive for him to actually write a check for the difference, since he already said everybody was getting laid off. He probably thinks the workers are fairly dispensable.

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**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\
**Post date:** [November 27, 2006, 1:07pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/8 "2006-11-27T13:07:24Z")

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Yes, they can do pretty much anything they want to you. This is a “right to work” state, which basically translates to, “you have the right to walk out at any time, and we have the right to fire you or pay you what ever we want at any time”.

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**Author:** ![AKUMA\_TO\_TENSHI](https://avatars.discourse-cdn.com/v4/letter/a/db5fbb/32.png) [@AKUMA\_TO\_TENSHI](https://forums.speedlife.net/u/AKUMA_TO_TENSHI)\
**Post date:** [November 27, 2006, 1:07pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/9 "2006-11-27T13:07:49Z")

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What does your gut say to do? Follow your instinct…

KK

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**Author:** ![JustinH](https://avatars.discourse-cdn.com/v4/letter/j/9fc29f/32.png) [@JustinH](https://forums.speedlife.net/u/JustinH)\
**Post date:** [November 27, 2006, 1:18pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/10 "2006-11-27T13:18:14Z")

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> [@KRAZYKARL](#):
>
> What does your gut say to do? Follow your instinct…
> 
> KK

Its really more than meets the eye.

In May of 07 I’m moving out of the state.

I have a computer science degree, and this is the first job that I’ve had thats computer related. I have a year of experience for my resume, and that would look good to a future employer.

The buffalo IT jobs are very tough to get. I’ve probably gone on 50 job interviews this past year, and been offered two jobs. One paid 8.50 an hour, another paid 8 per hour. These were relatively challenging IT administration jobs (entry).

A good buddy of mine who has far more experience than I, is in the same field as me, and he was excited to get an 11 dollar an hour job with insurance benefits.

So its sort of a catch 22. I feel like i’m stuck until next year when i leave the state. I can quit this job and go work at home depot or whatever, but what will that do for my resume?

Its tough.

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**Author:** ![newman](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/newman/32/7569_2.png) [@newman](https://forums.speedlife.net/u/newman)\
**Post date:** [November 27, 2006, 1:19pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/11 "2006-11-27T13:19:46Z")

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if i had a degree + experience and was excited to get an 11$/hr job, i’d shoot myself…

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**Author:** ![JustinH](https://avatars.discourse-cdn.com/v4/letter/j/9fc29f/32.png) [@JustinH](https://forums.speedlife.net/u/JustinH)\
**Post date:** [November 27, 2006, 1:22pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/12 "2006-11-27T13:22:38Z")

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> [@newman](#):
>
> if i had a degree + experience and was excited to get an 11$/hr job, i’d shoot myself…

exactly dude… exactly!

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**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\
**Post date:** [November 27, 2006, 1:22pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/13 "2006-11-27T13:22:45Z")

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[http://www.buffaloniagara.org/Home/Lifestyle/Work/LookingForEmployment](http://www.buffaloniagara.org/Home/Lifestyle/Work/LookingForEmployment)

I was looking about a year ago. Had 3 interviews, all 50k+ software dev jobs, in about 1 month of serious looking. 2 of the interviews made it to the offer stage, and I took one of them. The 3rd probably would have but I notified them I had accepted an offer.

5 other IT people left the same place I did and all found excellent jobs in WNY with little effort. There are jobs out there.

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**Author:** ![badazzss](https://avatars.discourse-cdn.com/v4/letter/b/e19adc/32.png) [@badazzss](https://forums.speedlife.net/u/badazzss)\
**Post date:** [November 27, 2006, 2:03pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/14 "2006-11-27T14:03:46Z")

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Justin isn’t in the software dev. field though, so that’s a little bit different.

I wasn’t under the impression that an employer could significantly cut your wage (especially by a huge percentage) at will. Guess I’m wrong on that though.

Even if you took a better paying job @ Depot or Wegmans for the time being, and explained your change in future interviews, it probably wouldn’t be an issue. At least the job was good for some experience though…

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**Author:** ![LAFENGAS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/lafengas/32/7573_2.png) [@LAFENGAS](https://forums.speedlife.net/u/LAFENGAS)\
**Post date:** [November 27, 2006, 2:33pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/15 "2006-11-27T14:33:39Z")

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> [@newman](#):
>
> just do something real shitty and get fired. then collect unemployment.

can only collect unemployment if you are unemployed for no fault of your own. (i.e. reduction in workforce, NOT for getting fired because you were caught wiping boogers on the coffee maker heat pad just to hear them sizzle.)

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**Author:** ![RedGoober4Life](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/redgoober4life/32/7610_2.png) [@RedGoober4Life](https://forums.speedlife.net/u/RedGoober4Life)\
**Post date:** [November 27, 2006, 2:36pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/16 "2006-11-27T14:36:25Z")

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My kittah would have went RAWR corey i’m going to save you!

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**Author:** ![Rx3](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/rx3/32/7194_2.png) [@Rx3](https://forums.speedlife.net/u/Rx3)\
**Post date:** [November 27, 2006, 2:44pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/17 "2006-11-27T14:44:05Z")

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Tough situation, especially this close to the holidays. They can legally do what they are doing.

Whatever you do, DO NOT GET FIRED.

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**Author:** ![Viper966](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/viper966/32/7268_2.png) [@Viper966](https://forums.speedlife.net/u/Viper966)\
**Post date:** [November 27, 2006, 2:46pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/18 "2006-11-27T14:46:02Z")

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> [@LAFENGAS](#):
>
> can only collect unemployment if you are unemployed for no fault of your own. (i.e. reduction in workforce, NOT for getting fired because you were caught wiping boogers on the coffee maker heat pad just to hear them sizzle.)

experience?

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**Author:** ![BluBalls](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/bluballs/32/7212_2.png) [@BluBalls](https://forums.speedlife.net/u/BluBalls)\
**Post date:** [November 27, 2006, 2:48pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/19 "2006-11-27T14:48:35Z")

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leave buffalo and get a new job… problem solved.

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**Author:** ![zwarbyt](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/zwarbyt/32/7623_2.png) [@zwarbyt](https://forums.speedlife.net/u/zwarbyt)\
**Post date:** [November 27, 2006, 3:09pm UTC](https://forums.speedlife.net/t/can-an-employer-do-this-to-me/20731/20 "2006-11-27T15:09:05Z")

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They cannot legally lower your wage, you can turn down the lower wage and collect unemployment.

They have to offer you 80% of your wage before they cannot allow you to collect unemployment

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