- August 25, 2023
- Posted by: legaleseblogger
- Category: Related News
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**AI Legalese Decoder: Resolving Salary Dispute in the US Workplace**
I. Introduction
Last July, I commenced employment at my current company and received an offer letter outlining my annual salary as A. I accepted this offer, affixed my signature, and have been receiving payments in accordance with the agreement. However, approximately a year later, I was contacted by the company notifying me that the initial offer was incorrect for my remote position. Consequently, they intend to rectify the error by reducing my salary to annual salary B. Moreover, the HR department has informed me that the payment team will eventually request reimbursement for the alleged “overpayment” I had received. As I had been remunerated based on the salary I agreed to, unless they are bluffing or fail to take action, I will be obligated to repay the difference in order to retroactively adjust my salary to their desired level. I am now seeking clarity regarding the legality of these actions within the United States.
II. Background Information
To provide context, it is important to note that my offer letter specified that my position pertained to the NY metro area without explicitly mentioning remote or in-person work. However, my recruiter verbally affirmed before extending the offer that the position was indeed intended for remote work. Contrastingly, my employer now asserts that my status was designated for office-based work and claims that the original offer letter was issued by mistake, as I should have received a distinct offer for an explicitly remote position with a lower salary. Consequently, they are in the process of “correcting” my position to reflect this explicitly remote nature and adjusting my salary accordingly. While this in itself poses concerns, they are also retroactively reducing my salary and asserting that I must repay the alleged overpayment.
III. The Role of AI Legalese Decoder
In such a complex and delicate situation, AI Legalese Decoder can play a vital role in providing assistance and guidance. By leveraging advanced artificial intelligence technology, the AI Legalese Decoder can thoroughly analyze the relevant legal issues within the jurisdiction of the United States. It can help elucidate the implications of different employment laws, contracts, and contractual interpretation, ensuring a comprehensive understanding of the situation. Furthermore, the AI Legalese Decoder can offer suggestions on potential avenues for negotiation and resolution, allowing individuals to make informed decisions and protect their rights within the legal framework.
IV. Update: Reflections and Future Plans
In light of recent developments, it is important to mention that the salary reduction was implemented prior to any mention of overpayment. Regrettably, I agreed to the pay cut without foreseeing the subsequent overpayment claim. While this might not have been the most prudent decision in hindsight, at the time, I believed it would resolve the situation. In addition, I am actively seeking alternative employment opportunities to secure a more favorable working environment. This decision is motivated by the need to protect my rights and find an employer who adheres to transparent and fair employment practices.
In conclusion, the legality of the actions taken by my employer in the United States remains a salient concern. With the aid of the AI Legalese Decoder, I can gain a deeper understanding of the legal implications associated with this dispute, ensuring that I can navigate this complex situation with greater confidence and protect my rights as an employee.
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****** just grabbed a
Are you in New York, or elsewhere?
You’re almost certainly entitled to tell them “no, this isn’t an overpayment in any meaningful way and I”m not giving the money back.”
>Can they legally do that in the US?
They can likely *ask*. And there probably isn’t a really clear line to any kind of protection of your job if you say no.
No, an offer letter is officially the amount of money you were notified of being paid for the job and you signed and accepted the position and paid that amount. They can change your rate of pay moving forward, but canÔÇÖt require you to pay back money for the past because theyÔÇÖve decided to pay you at a lower rate. It doesnÔÇÖt work that way.
You will have to agree to pay them back retroactively, which you do not have to agree to. They can legally ask.
You will likely need a new job because there is something really, really wrong with this one.
I would highly suggest not signing anything and getting a lawyer involved.
If they offered you, in writing, then that is what they should pay you.
Personally, I would start looking for another job as you have suffered a pay cut.
You do need an employment lawyer as this could be construed as constructive dismissal
An additional issue is the taxes on the past salary (disbursed last calendar year and already reported to the IRS). Unless you can get them to issue an amended W2 for last year it is going to be very hard to get those back, and even if they do so itÔÇÖs not easy to claw back withholding (particularly FICA and similar). You are at real risk of owing taxes on income that you (retroactively) donÔÇÖt receive if you agree to this. You need professional advice about this as well, and possibly to,ask your employer to make you whole for those taxes if youÔÇÖre going down that road.
As stated several times during the answers, call an employment lawyer. And I hope you get copies of your original offer letter that layed out your terms of employment.
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How much is the difference? Dying to know how glaring it was .
NAL, and I agree with everyone else: you need one. Or better yet, if you’re a union member – a good experienced union representative.
*If you leave the job*, I cannot see any legal means by which they can make you repay the “overpayment”. You have the offer letter and the pay record showing that they paid you for a year exactly what they said they’d pay you in the offer letter. They’d be in the position of a creditor claiming you owe them money without any paperwork to prove you do. Unless the overpayment was something egregious that was obviously a typo – they meant to pay you fifteen an hour and they paid you 150 an hour – I can’t see what kind of claim they have. Not a lawyer, but I have served as a trustee, done job interviews, and taken part in wage disputes on both sides of the table.
But if you want to remain in employment with them, then first, obviously they can reduce your pay going forward to what they meant it to be. And second, they have more leverage to argue that they should get to garnish your pay until they’ve got back the “overpayment”. So, if you want to stay in post, you really, really need an employment lawyer or a union rep on your side of the table making the case to your employersthat while they can reduce your pay going forward, they cannot arbitrarily claw back part of it to fix their mistake or fire you for refusing to sign any agreement that they can do so. And if they don’t like the agreement or like your bringing in a lawyer/trade union rep, they can undoubtedly find some other reason to get rid of you, if not immediately, then a few weeks or months down the line.
No way.. with the same logic you could also say you realised you wanted more than the number in the offer letter and they should pay you the difference retroactively..
They can definitely reduce your salary to the “correct” amount for all workdays after they notified you of the change.
But deducting money from your paycheck to “repay” them, or demanding that you send them money periodically, is absolutely an unlawful deduction from wages.
Could they fire you for not agreeing ? I think that would be a very clear retaliatory action for having refused an unlawful deduction.
I certainly wouldn’t want to work for a company that thinks they can correct their mistakes by taking money out of your pocket.
These are definitely the situation where you do not sign anything and consult a lawyer.
If this “over payment” is a substantial amount, contact a lawyer specializing in employment law (and be prepared for eventual termination/layoff whatever they want to call it).
I would absolutely NOT sign anything that resembled a repayment plan to retroactively reduce my salary to something other than what I accepted for that position. However, in doing so you should expect to have to find a new job.
The good news is that the pay cut probably means you would qualify for unemployment if you refuse to accept the reduced pay. Obviously YMMV and it’s up to your state and you never really know for sure, but in most cases this would be the case.
“Contract law” governs this. They made an offer and you accepted it. They cannot unilaterally change the contract, and absolutely cannot retroactively change it. I am referring to your past pay; not your new pay which you agreed (re-contracted) at a lower rate. There is no court of law that would allow them to claw back what *they* now say was an overpayment but which had matched your offer letter.
(I am not a lawyer.)
I suggest you try to find a new job.
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Ask them to honor the offer and walk if they decline.
Unless you need it terribly of course.
OP, you need to talk to an employment lawyer in your state (in case that’s not obvious from all the conflicting opinions). Good luck with your job search.
Likely not, but it depends on where you are. You accepted your pay “in good faith”. They can fire you for refusing to work for the reduced rate I suppose (again depends where you are) A letter signed by both parties could be an implied contract, but again, depends.
Best to get a lawyer if you want to contest it.
Hell no
Your options are to do as they say or quit and file for unemployment over constructive dismissal due to the pay cut. I would definitely choose the latter because you donÔÇÖt want yo work for someone who pulls this BS.
They cannot retroactively change your pay for hours youÔÇÖve already worked. They can tell you that your wage is different going forward, and then you can decide whether you want to work for the lowered wage, but they canÔÇÖt retroactively lower your pay for hours youÔÇÖve already worked at the rate you both agreed to, just because they wish they hadnÔÇÖt agreed to it.
NAL
They agreed you would work at pay level A in the offer letter. You were paid at said level for months.
This was not an accounting error for deductions or insurance. Those are the only legal ways they could ask for money from you. That requires very specific circumstances. It also must occur with a certain amount of time.
They cannot go back and say opps. We paid you more than we meant too. Give it back even though we agreed in writing to pay you that.
Your agreement to a new pay level is irrelevant to what you were paid previously. UNLESS the paper you signed for the new payrate specifically says and agrees to make you payback the previous pay. If that is the case it is most likely not legal. They may try to use it to take the money back, but I am sure a lawyer would help with that. Most likey the paperwork doesn’t spell out taking money back. It would give a lawyer something actionable.
I wouldn’t stay with this company. Bad practices…
Listen to the advice here, but keep the minimalist amount of funds in your direct deposit account so they don’t try some shady BS. Get another bank account setup as savings and move as much as you can without nit being able to pay bills to it. Lot of savings out there paying 4.5+% right now.. check out need wallet dot com to find one you’re good with. Personally I’m using discover right now.
Contact a labor attorney. This sounds like wage theft.
Would be good to keep documentation of new salary to make sure you are being paid correctly going forward.
Hahahahahahahahahaha. ThatÔÇÖs the proper response. You will need to get another job. But just tell them ÔÇÿnoÔÇÖ when they come asking for repayment. They will need to prove that you owe it to them, and you wonÔÇÖt be able to do that, because youÔÇÖve got an offer letter saying youÔÇÖre entitled to it.
They are fundamentally asserting that you owe them a debt. You do not.
You should refuse to pay it.
They are empowered to reduce your salary, which they have done. They could also say they are reducing it again to ÔÇ£make upÔÇØ for the situation, on a temporary basisÔÇöas long as that reduction doesnÔÇÖt bring you below minimum wage laws.
Refusing to go along with the scheme will likely result in job loss.
However, what they cannot make you do is transfer money you own to them to repay themÔÇöbecause you are not in debt to them and they have no meaningful power to force recovery
If they had accidentally overpaid you due to a payroll error or such, they can often claw that back from your bank account and can recover it otherwise if you refuse to comply, but this isnÔÇÖt that situation.
Legally there is not a ton I can say since you wonÔÇÖt indicate your State, but most likely you have no direct legal recourse to their actions. You accepted a salary reduction, you can choose to send them your money if you think that is fair and worth keeping your job overÔÇöbut they right now have no valid debt to collect. If you quit they have no reasonable path to recover what they assert you owe them, sure they could sue youÔÇöbut with poor prospects of victory most employers arenÔÇÖt going to waste time with civil litigation against a former employee.
I think by New York law they have 8 weeks to correct their “clerical” error so presumably they could legally recoup those.
https://dol.ny.gov/deducting-money-webinar#:~:text=Limits%20to%20Timing%2C%20Duration%2C%20Frequency,than%20once%20per%20pay%20period.
Just want to make sure: you do not have a union or anything correct? Do you have any coworkers in the same boat? It does sound like you might have screwed yourself signing something, depending on if it was an adjusted offer letter, or a new salary going forward. If it was a corrected offer letter, you may have screwed yourself. Either way, start looking for a new job.
I don’t know if this is legal, but regardless if the difference in pay is significant I’d threaten to quit immediately. Do not sign anything saying you will pay back the last year’s supposed pay discrepancy. If the amount is significant, I’d tell my manager about how this needs to be fixed immediately, because I’m not going to effectively work for free for however long is needed to “pay back” money you worked in good faith for already. If it isn’t fixed before your next paycheck, you’re walking.
If the manager wants to keep you, he/she will figure out how to fix the BS pay back issue.
Here’s the part I think everyone is missing, that OP didn’t make explicitly clear…sounds to me like OP is living in an entirely different state vs what they had on the offer letter.
OP, is that so?
You can’t just live wherever you want and be a remote employee. The employer has to file things and pay taxes in the state the employee is in. Also, it’s quite possible this employer did have pay grades that depended on location.
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