My friend works at Fisher Autoparts. He was offered and accepted an assistant managers position at a store located in a town close by. The store he had worked at before was one minute away from his house. He was supposed to get a significant raise because of the position and to help with gas because the new store is 15-20 minutes away.

He hasn't been getting his stubs from his direct deposit and asked his boss about it. He was told they were being sent to the store where he used to work. His boss left and while he was closing he found all of the stubs he didn't receive. He noticed that he was still getting paid his old wage.

He's going to talk to them about it tomorrow.

What should he do? Is this illegal? Could this be a lawsuit?

He doesn't seem that bothered by it but personally I would be furious. I figured I'd come on here and see what you fine people have to say about this.

My friend works at Fisher Autoparts. He was offered and accepted an assistant managers position at a store located in a town close by. The store he had worked at before was one minute away from his house. He was supposed to get a significant raise because of the position and to help with gas because the new store is 15-20 minutes away.

He hasn't been getting his stubs from his direct deposit and asked his boss about it. He was told they were being sent to the store where he used to work. His boss left and while he was closing he found all of the stubs he didn't receive. He noticed that he was still getting paid his old wage.

He's going to talk to them about it tomorrow.

What should he do? Is this illegal? Could this be a lawsuit?

He doesn't seem that bothered by it but personally I would be furious. I figured I'd come on here and see what you fine people have to say about this.

No, its NOT a lawsuit (unless criteria are met).

Remember a lot of states are now "At Will", meaning they can fire your ass because you listen to rap (good enough reason to me...), and you have no recourse. On the other hand, you can also quit whenever you want (like at the worst possible moment when the shops backed up and some guys Porsche is on the rack and you're the ONLY employee who knows how to repair it :D )

Getting back to your question. Was a written contract signed stating he'd get a higher pay rate plus gas compensation? Was ANYTHING signed saying this? Was any of it on maybe his application? If so, get a copy. Without something on paper showing he was promised these perks (new wage and reimbursement), you have no case. None. Period.

However...

If you DO happen to have something on paper, then probably (see below for exception) the only legal claim you have is to the money lost.

Example: Dads old job payed $9 an hour, new job pays $10 an hour plus $20 week gas reimbursement (I know the figures arn't realistic, its an example).

Dad worked for *checks post again* well you don't say so we'll figure one month, getting paid once a week, at a 40 hour standard workweek.

Old job: $9 hr x 40 = $360.00 weekly gross.

New job: $10 hr x 40 = $400 + $20 gas reimbursement = $420 week gross.

What they would do is calculate the difference between the old rate and new rate with G.I. and award the difference:

Old rate per month: $360 x 4 = $1,440.00
New rate per month: $400 x 4 = $1,600.00 + $80 monthly for G.I.

He could expect to receive $160.00 in wage difference, plus $80 for G.I., for a total of $240.00 per month for every month the error occurred (in this scenario, its only been a month)

Now remember the "Criteria"? In almost all cases like this, the employer either simply made a payroll error, or hes going to say he did, and you're dads rate and perks will be adjusted, and the funds I just calculated for you added to a future check.

In order for it to be a lawsuit, you're dad would have to prove either: A] The error was deliberate (good luck...) or B] That he brought it to their attention and they refused to correct it.

If/When he brings it to their attention, sending a Certified Letter (since the recipient must sign for the letter, like a package) is the best way to go, short of bringing in a small tape recorder (Which may not be legal, check your state laws). He should sign and date all correspondence, and should keep at least 2 copies of everything he sends, besides the copy he sends his employer. The Certified Letter bit is to remove his employers ability to claim he never got the letter, and the extra copies is to remove his ability to claim the letter stated something different. For best effect, have him mail 1 copy certified to HIMSELF, sign for it, but don't open it. This way if it comes up in court he just whipped up the altered letters and faked the dates, you have the unopened, postmarked ones to prove otherwise.

Have him send the first notice in say, a week (July 18th). Send the second on August 1st, and a final notice the last week of August. The first letter should be very polite, thanking him for the new job but pointing out the new wages/perks have not taken effect, and asking when he could expect to see them and be reimbursed.

Second letter should be sent, stating its a followup to the original sent July 18th. Remind him in the letter the terms of employment were a higher wage plus gas reimbursement. The letter should be noticeably firmer in tone than the first, and include something along the lines of, "I look forward to quickly resolving the matter with you".

Around the 28th or so of August (provided no answer of any kind has been given to your dad, no "we'll look into it" or anything like that, the last letter should be firm, yet courteous. Inform them you've given ample time to correct the error and you've more than done you're part in bringing it to their attention. Inform them you will now be seeking legal counsel. You want to space the letters out like this to remove the employers excuse of, "We were busy and I had no time to respond, he rushed me".

Note: Include copies of the previous letters. Example, when you send Letter 2, include a copy of letter 1, and when you send 3, include 1 & 2. Send them all certified mail so they must be signed for. Three certified letters gone ignore should pretty well meet the requirement for "willful disregard" of the problem. If he calls a lawyer, you should be looking for "Business Law" or "Labor Law" specialists, hopefully of the "No fee unless you collect" type, as they have more incentive to try harder. Also, you should seek punitive damages if it goes to court, because otherwise the $240 per month figure we looked at earlier isn't even going to pay for attorneys fees, let alone leave you any money in pocket.

Of course....as I said, the entire lawsuit hinges on whether or not you can prove they did it intentionally (next to impossible) or they are ignoring you (Follow my steps outlined above). BE AWARE that if it was NOT in writing he gets a new wage and perks, you're fucked, totally, completely, utterly, and legally. You will NEVER get an attorney to take the case on, "I don't have it in writing but I promise he told me that!". Your employer is going to laugh, call your dad a liar, fire his ass, and may sue HIM for slandering his name and false prosecution.

Hope this helps. Try to have your dad go through this in a friendly manner, even if the guy is flat dicking him around. It could be just a simple honest mistake, or, on the other hand, if your dad quits and uses that job as a reference, prepare to be blackballed.

Thank you. He will appreciate this information I'm sure.

I'm not sure if my friend signed anything or not, I'll talk to him about it today. I just found it very odd that his boss would lie and say his stubs were going to the other store when they were clearly all paper clipped together in a desk in their store.

How have you been VA? Don't see you around very often.

Thank you. He will appreciate this information I'm sure.

I'm not sure if my friend signed anything or not, I'll talk to him about it today. I just found it very odd that his boss would lie and say his stubs were going to the other store when they were clearly all paper clipped together in a desk in their store.


This fact could make a lot of difference.

It suggests that your friends boss was trying to hide the fact that they were paying the lower wage. It would be evidence in your favour in a breach of contract case.