Houston, TX asked in Employment Law for Texas

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?

Related Topics:
2 Lawyer Answers

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

Jaime Victor Papa
Jaime Victor Papa
Answered
  • Plano, TX
  • Licensed in Texas

A: You may have a cause of action. I need to see your contract. Generally, an employee handbook is not a contract.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.