Q: Can My Employer Reduce My Wages for Quitting Without Notice?
As an at will employee, I had to immediately resign my position with my former company. I was unable to give any notice. The company is now telling me that my pay for the last two weeks worked will be at minimum wage instead of my regular pay rate (this is a pay cut of roughly half). They said this policy is in their employee handbook, and is quoted as follows:
“RESIGNATIONS WITHOUT TWO WEEKS NOTICE WILL RESULT IN EMPLOYEE’S FORFEITURE OF WAGES ABOVE MINIMUM WAGE FOR THE LAST TWO WEEKS WORKED.”
Is this legal? Can they do this?
A: Generally yes. Federal laws typically only protect against minimum wage and overtime violations, so while this policy resulted in a substantial pay cut to you, it doesn't violate any wage laws.
John Michael Frick agrees with this answer
A: You may have a cause of action. I need to see your contract. Generally, an employee handbook is not a contract.
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