Riverside, CA asked in Employment Discrimination and Employment Law for California

Q: Can I sue my employer if the job advertisement said they were gonna pay 30-40 an hour, and after working only pay 15?

My employer stated on the advertisement, they were going to pay my position 30-40 an hour. I applied and was accepted, began working then they said im only getting paid 15 an hour?

3 Lawyer Answers

A: While an employer can change an at will employee's compensation on a prospective or going forward basis, the employer must pay you the advertised rate for all work performed before the change.

Neil Pedersen agrees with this answer

A: An advertisement does not create some kind of binding, unalterable contract. You are still an at will employee unless you had an agreement to the contrary about that status with your employer. The employer of an at will employee has the legal right to change the terms and conditions of the employment, including the pay rate, at any time and for any reason or even no reason at all. Once you became aware that the employer was paying you less, that is your new rate. If you worked for a pay period thinking you were making more, the employer owed you the higher rate of pay until you were informed otherwise,

Good luck to you.

James L. Arrasmith
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Answered

A: In California, if your employer advertised a certain wage in a job posting and then paid you less than what was advertised, you may have grounds for legal action. This could potentially be a case of false advertising or breach of contract, especially if you have evidence showing the advertised wage and your acceptance of the job based on that representation.

The first step is to discuss the issue with your employer. There may have been a misunderstanding or error that can be resolved without legal action. If the employer refuses to pay the advertised wage, keeping records of the job advertisement, your employment agreement, and any related communications is crucial.

If the issue is not resolved through direct communication, you might consider filing a wage claim with the California Labor Commissioner's Office. They handle disputes related to wages and can provide a mechanism for resolving your issue without going to court.

In cases where the discrepancy in wages is significant and the employer is unwilling to rectify the situation, consulting with an attorney experienced in labor law is advisable. They can assess the details of your situation and advise on the best course of action, including the possibility of a lawsuit.

Remember, it's important to act promptly as there are time limits for filing claims related to employment issues. Your rights as an employee include being paid what you were promised, and there are legal avenues available to help ensure that your rights are protected.

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