Q: If employer agrees to new payrate by email are they obligated to honor it for a temp employee?
I have an email from my employer (I'm a temp so the agency who pays me) with confirmation of new hourly payrate. They now say client didn't agree to the amount so they won't honor it, eventhough they previously indicated it was approved and provided an effective date. I have a copy of all emails.What are my options? Is this legal?
A: Based on the facts provided, yes, the agency would be required to pay you the new rate. The contract and deal is between you and the temp agency. The onus is on the employer to work out the specifics on the pay rate, not on you to prove that it was agreed on. You would likely need to consult with a lawyer to review your options.
A: This could constitute a non-payment of wages. You could also file a claim with the Labor Commissioner for the unpaid wages. If they terminate you from the position without paying you all wages owed, you could also be entitled to waiting time penalties of up to 30 days wages.
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