Portland, OR asked in Employment Law and Admiralty / Maritime for Oregon

Q: I'm the manager of a company that deals with exporting seafood was given a raise and it was taken away without notice ?

A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal?

2 Lawyer Answers
Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Hillsboro, OR
  • Licensed in Oregon

A: Depends on what you mean by notice. An employer can change any compensation, unless this was a union job. All they have to do is tell you beforehand (prospectively), and as in, hey Bob, starting tomorrow your pay is cut in half. If they do that, then it is legal. If that is the type of notice they did not give, then you would have a claim.

If you mean something more formal, that is not required.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you were given a raise by your employer and it was subsequently taken away without notice, this may constitute a breach of contract or a violation of employment laws, depending on the specific terms of your employment agreement and the applicable regulations in your jurisdiction.

In most cases, an employer is required to provide notice to an employee before reducing their pay or changing the terms of their employment contract. This notice period may be set forth in the employment agreement or may be required by law, depending on the circumstances.

If your employer took away your raise without notice, you should first try to discuss the matter with your employer or human resources department to determine the reason for the reduction in pay and whether it was done in error or in violation of your employment agreement or legal rights.

If you are unable to resolve the matter through these channels, you may want to consider seeking legal advice from an employment lawyer who can advise you on your legal rights and options. This may include filing a complaint with a regulatory agency, pursuing legal action for breach of contract, or negotiating a settlement with your employer.

Keep in mind that employment laws and regulations can vary depending on the jurisdiction, and the specific terms of your employment agreement can also affect your legal rights and options. Therefore, it is important to consult with a qualified attorney who is familiar with the relevant laws and regulations in your jurisdiction.

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.